Green Laning

[MINESAPINT]

I periodically walk round Scaling Dam on the North Yorkshire/Cleveland border and for the second year running someone has smashed a wooden field gate leading onto the moors. The gate is chained & padlocked but of course is no match for an individual who chooses to drive 2 tons of vehicle straight through it or try out a new winch! I assume someone wishes to do some green laning/off roading but the land owner has other ideas.

The vehicle seems to have come to grief while carrying out this deed as there is a freshly broken tree branch near the gate & broken (smoked) glass all over. There were tracks similar to Simex or Special Track at the scene.

If the gate should be open to allow access I am sure there are appropriate means of achieving this. If it is private land with no permitted access then I wish people would respect this. The gate will cost going on £1,000 to replace and until it is sheep have access to the very busy main road.

MINESAPINT

[western]

down to the land/sheep owner to ensure his animals are safe & clear of the road, if one causes a accident due to the damaged gate being insecure , I'd be surprised if the land/animal owner got away with it.

as for crashing through a locked gate thats just not on

[Night Train]

Even if there was a locked gate on a right of way it should be kept closed as a greater priority. How you get on the other side of the locked gate to continue on a right of way is another matter but it should avoid criminal damage.

[gemsbok]

down to the land/sheep owner to ensure his animals are safe & clear of the road, if one causes a accident due to the damaged gate being insecure , I'd be surprised if the land/animal owner got away with it.

If an accident occurred due to stray sheep within 24 hours of the vandalism taking place I am not sure how the owner of the sheep could be held liable - unless the vandal was kind enough to report their idiocy to them. Once he has been to check the sheep and has seen the damage, then yes, it's his responsibility to look after them.

In many places, a motorist who hits livestock is liable to pay damages to the owner of the stock. My view is that is the natural state of affairs, it's a pity if that has reversed in the UK (in my earlier life I was a farmer in Scotland).

As to the vandal, the most appropriate punishment would be confiscation of the vehicle concerned - no idea if the law allows for this, but clearly if you can't play nicely with your toys, they should be taken away.

Ruaraidh

[Mark90]

As to the vandal, the most appropriate punishment would be confiscation of the vehicle concerned - no idea if the law allows for this, but clearly if you can't play nicely with your toys, they should be taken away.

Only after a warning has been given (Police Reform Act 2002 Section 59).

[sotal]

In many places, a motorist who hits livestock is liable to pay damages to the owner of the stock. My view is that is the natural state of affairs, it's a pity if that has reversed in the UK (in my earlier life I was a farmer in Scotland).

As far as I know that is still the case, in the country round us they don't have fences let alone gates so the sheep just wander about on the roads, if you are caught hitting an animal as far as I know the farmer can sue you.

Don't know if it makes any difference that there are road signs up saying beware of sheep on the roads?

[MINESAPINT]

To the best of my knowledge the roads up onto the moors are NOT rights of way, they are there to take shooting parties onto the moor. There are plenty of public footpaths in the same vicinity and hand gates are available for access. If anyone has OS map available the gate is at the end of Bog House Lane to the Western end of Scaling Dam.

Gate is now replaced with a metal one. Just as easy to damage but a bit cheaper to replace next year!

MINESAPINT