One way to up a commute (tsk)

[Melonfish]

Local farmer has just chain flailed his hedges on my regular commute run, the road is littered with blackthorn and hawthorn, its like he's scattered caltrops accross the road!
been a few of us affected by it, now this is a private road but it has a public right of way (bridalway) on OS maps.
means my commute is now 9 miles instead of 5 which is ok i guess, upped my average to 15.8 on the first day heh.

but who is responsible for this road? is it the farmer being his road? does he have a duty to keep it clear at all?
i'm guessing it won't effect cars much although it may still considering the size of some of the thorns, i am a little worried about the horses that use that route.
can anyone advise?
pete

 

[gambatte]

I seem to remember 3-4 years ago a disabled cyclist on some sort of modified recumbent had an issue like this. OK it was a road as opposed to a bridleway, but a farmer had been along mowing his hedges and left everything on the road.

Can't remember if punctures meant the cyclist was stranded or injured. But the farmer was succesfully prosecuted.

 

[jagman.2003]

My take on this is that if it is a public right of way the landowner has a duty of care to public on that land. Clearing up the mess is the landowners responsibility. In this specific case any damages for punctures would rely on the fact that cycling was permitted on that right of way.

 

[Melonfish]

Damn...

just looked it up, its definitely a bridleway or bridle path. the law states it as this:

A public bridleway is a way over which the public have the following, but no other rights:

• to travel on foot and
• to travel on horseback or leading a horse, with or without a right to drive animals of any description along the way.

Note that although Section 30 of the Countryside Act 1968 permits the riding of bicycles on public bridleways, the act says that it "shall not create any obligation to facilitate the use of the bridleway by cyclists"

section 30 of the countryside act specifically states that:

The rights conferred by this section shall not affect the obligations of the highway authority, or of any other person, as respects the maintenance of the bridleway, and this section shall not create any obligation to do anything to facilitate the use of the bridleway by cyclists.

i think technically we're stuffed lol.
flash mob with brooms is my next idea, that at least may help us all get commuting on this route again.
pete

 

[Theseus]

You could try politely asking Mr Farmer if he could clear it up a bit after explaining the situation. The worst he can do is decline.

 

[fossyant]

Proper cyclists take the long route !

 

[Melonfish]

You could try politely asking Mr Farmer if he could clear it up a bit after explaining the situation. The worst he can do is decline.

might try that actually yeah you know it didn't really cross my mind that, should have been the first thing i thought of.

Proper cyclists take the long route !

NEVAH! hehe yeah, its just nice when your tired to be able to only do 5 miles instead of 9.

 

[Tynan]

I would imagine he knew what he was doing when he declined to clear it up

 

[lit]

I would imagine he knew what he was doing when he declined to clear it up

Without doubt.