Public Footpath Legalities

[+Pharisee]

I know there are a few of you out there that are well versed in the legal aspects of Public Rights-of-Way so maybe you would like to comment.... ?

 

I went to check on one of my caches yesterday that's placed along a public footpath that crosses farmland. I entered the first field through the 'kissing gate', walked along the clearly defined path, around a corner in the hedgerow and was confronted by a huge, black bull. I am talking BULL here, not bullock or cow although there was also a cow there with him and they were standing right on the footpath. Uncertain of my ability to outrun two ton of charging beefsteak, I retraced my path back to the gate. At that point I noticed that the landowner had stapled a sheet to the fence adjacent to the gate. It requested walkers to stick to the defined path across his land "in order to reduce the stress caused to his ewes and lambs". If he doesn't know the difference between a bull and an ewe....

 

I was under the impression that landowner were legally obligated to keep open the public rights of way across their land. Surely putting a bull in the field blocks them as effectively as locking the gate. I also feel that it's a bit irresponsible.

[NickPick]

Defra's website says:

 

The Wildlife and Countryside Act, enforced by the highway authority, makes it an offence, subject to important exceptions, for the occupier of a field crossed by a right of way to cause or allow a bull to be at large in it. The exceptions are:

 

- bulls not more than ten months old; and

- bulls which are not of a recognised dairy breed and which are at large with cows or heifers

Any bull over ten months old is prohibited on its own, and any such bull which is of a recognised dairy breed is prohibited even if accompanied by cows and heifers.

 

So if it's not a recognised dairy breed and was with a cow, it's OK, but otherwise, it's an offence.

 

I would think the council Rights of Way officer is the person to report this to initially. ( I Don't know about Beds, but Bucks council have an online ROW problem report form)

Edited July 27, 2006 by NickPick

[Deego]

There are plenty out there but the rules are:-

 

Bulls and dangerous animals

 

Wildlife and Countryside Act 1981 section 59.

It is an offence for the occupier of land crossed by a public right of way to allow a bull over 10 months old and on its own and/or any bull of a recognised dairy breed (even if accompanied by cows/heifers) to be at large on the land.

 

Bulls which are less than 10 months old, or of a recognised beef breed and at large with cows/heifers are exceptions to this rule.

 

If any animal, which is known to be dangerous by the keeper of the animal, causes injury to a member of the public using a public right of way, an offence may be committed and the occupier could be sued by the injured party.

 

[+CrazyL200]

Ring your local council offfices and ask to speak to the Rights of Way officer (don't let them tell you they'll pass on a message and get him to ring you back, ask to speak to his secretary, if he's out somewhere) - he'll be straight out to the farmer to point out the error of his ways.

Lean on the H&S implications - what if ??? --- family, small children, bull unseen until half way across the field etc... etc...

ROW officers are more than happy to help out in these situations.

[+The Flying Boots]

Just got this information from the Ramblers Association website

 

"Can a farmer keep a bull in a field crossed by a public path?

A bull of up to ten months old, yes. Bulls over ten months of a recognised dairy breed (Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry) are banned from fields crossed by public paths under all circumstances. All other bulls over ten months are banned unless accompanied by cows or heifers. If any bulls act in a way which endangers the public, an offence may be committed under health and safety legislation."

 

It looks like it was legal as the Bull you encountered was with a Cow.

[+MartyBartfast]

Bulls over ten months of a recognised dairy breed (Ayrshire, British Friesian, British Holstein, Dairy Shorthorn, Guernsey, Jersey and Kerry) are banned.....

 

Is this just aonther example of incompetant beurocracy? as it seems to imply that Hereford, Charolais, etc... are not dangerous. Or is there some particular reason why only dairy breeds are covered by the legislation?

[+Learned Gerbil]

My understanding is that it is because the bulls of dairy breeds are considered more aggressive. However, when the HSE have studied instances of serious injury or death caused by cattle, the most common factor is the prescence of a dog.

[+Jango & Boba Fett]

Sorry if this is getting a bit boring, but just want to point out again that PopupPirate has a thread on the main Groundspeak Forums > General Geocaching Discussions > Geocaching.com Web Site area trying to get support for a new attribute relating to the hazards posed by farm animals. Should any of you feel like supporting his request feel free to add your pennies worth to his thread which is here:

 

New Attribute Please?

[+The Flying Boots]

My understanding is that it is because the bulls of dairy breeds are considered more aggressive. However, when the HSE have studied instances of serious injury or death caused by cattle, the most common factor is the prescence of a dog.

 

I agree. I will avoid going through any cattle whilst out walking or geocaching with my dog yet I am quite happy when without the dog to go through cattle or a bull with it's harem.