Private road with people walking on it.
Discussion
We have a private road running through Willy Nilly Farms PLC. It's about a couple of miles long and was built to service the quarry which is now land fill. As a result the vehicle that use it are almost all 8 wheelers with the odd artic with those walking floor refuse trailers, so all heavy traffic. The road is also shielded with a hedge that even a Range Rover can't see over, but when it's cut, the lorries can see each other.
Now, the locals like to walk up and down there, which is tolerated in the evening when the gates are locked, but during the day is very dangerous. When ever the guys that work on the site challenge them about they just get a mouth full of abuse and there is a particularly militant tosser that strides down there during the day. Yesterday I saw him walking in the direction I was driving and he clearly hadn't noticed me, so I sounded my horn which made him turn around where I noticed he was wearing ear phones.
So, if one of these idiots gets hit by a lorry or me on a tractor, what would the likely legal out come be?
Now, the locals like to walk up and down there, which is tolerated in the evening when the gates are locked, but during the day is very dangerous. When ever the guys that work on the site challenge them about they just get a mouth full of abuse and there is a particularly militant tosser that strides down there during the day. Yesterday I saw him walking in the direction I was driving and he clearly hadn't noticed me, so I sounded my horn which made him turn around where I noticed he was wearing ear phones.
So, if one of these idiots gets hit by a lorry or me on a tractor, what would the likely legal out come be?
It's a private road with big, highways spec road signs, built exclusively to service the quarry/landfill to keep the heavy traffic out of the village. There are crossing points where it intersects the local roads and it also crosses public foot paths, but there is no public right of way along there. The gates are locked at night.
55palfers said:
Willy Nilly said:
It's a private road with big, highways spec road signs, .
If it looks like a proper road and intersects other roads with no signage to the contrary, (?) the public have a rich history of blithely wandering about at their leisure.Just wanted to know what the score would be if a pedestrian got hit on there.
We used to live at the end of a private road which also lead onto fields that in turn lead onto a National Trust property.
You can imagine the traffic and cars dumped at the end of the road as people went for an afternoon stroll.
A couple of signs at either end inviting people to park elsewhere and only traverse by foot ended the practice pretty sharply.
If there are no signs informing people its a private road they may well be assuming its not, especially if they've used it for some time and it looks like a public highway.
You can imagine the traffic and cars dumped at the end of the road as people went for an afternoon stroll.
A couple of signs at either end inviting people to park elsewhere and only traverse by foot ended the practice pretty sharply.
If there are no signs informing people its a private road they may well be assuming its not, especially if they've used it for some time and it looks like a public highway.
TwigtheWonderkid said:
PurpleMoonlight said:
You can't run someone over because they are on your land.
^^^THIS.There are penalties for walking where you shouldn't. Being run over isn't one of them.
The road is a private road;
It's sign posted as such;
It is locked at night;
The only reason it is in existence is to service the quarry and latterly the land fill site, so as such, the vehicles that use it are predominantly heavy.
It was not design or built with cyclists or pedestrians in mind, so they cannot easily be seen, it is a road for heavy vehicles.
If a person that is using the road to cycle or walk along during operating hours when they have no business being on there, where does the driver stand legally?
PurpleMoonlight said:
Perhaps a big sign saying 'trespassers will be prosecuted' would work.
But they can't be prosecuted. It is a civil case, not a criminal case. They can only be sued for trespass, and then only for damages caused. There may be a criminal case under Public Order Acts, but I doubt it in the situation you describe.Willy Nilly said:
We have a private road running through Willy Nilly Farms PLC. It's about a couple of miles long and was built to service the quarry which is now land fill. As a result the vehicle that use it are almost all 8 wheelers with the odd artic with those walking floor refuse trailers, so all heavy traffic. The road is also shielded with a hedge that even a Range Rover can't see over, but when it's cut, the lorries can see each other.
Now, the locals like to walk up and down there, which is tolerated in the evening when the gates are locked, but during the day is very dangerous. When ever the guys that work on the site challenge them about they just get a mouth full of abuse and there is a particularly militant tosser that strides down there during the day. Yesterday I saw him walking in the direction I was driving and he clearly hadn't noticed me, so I sounded my horn which made him turn around where I noticed he was wearing ear phones.
So, if one of these idiots gets hit by a lorry or me on a tractor, what would the likely legal out come be?
It is likely you will be sued or prosecuted or both, especially now you have told the world you are aware of it.Now, the locals like to walk up and down there, which is tolerated in the evening when the gates are locked, but during the day is very dangerous. When ever the guys that work on the site challenge them about they just get a mouth full of abuse and there is a particularly militant tosser that strides down there during the day. Yesterday I saw him walking in the direction I was driving and he clearly hadn't noticed me, so I sounded my horn which made him turn around where I noticed he was wearing ear phones.
So, if one of these idiots gets hit by a lorry or me on a tractor, what would the likely legal out come be?
Pica-Pica said:
Willy Nilly said:
We have a private road running through Willy Nilly Farms PLC. It's about a couple of miles long and was built to service the quarry which is now land fill. As a result the vehicle that use it are almost all 8 wheelers with the odd artic with those walking floor refuse trailers, so all heavy traffic. The road is also shielded with a hedge that even a Range Rover can't see over, but when it's cut, the lorries can see each other.
Now, the locals like to walk up and down there, which is tolerated in the evening when the gates are locked, but during the day is very dangerous. When ever the guys that work on the site challenge them about they just get a mouth full of abuse and there is a particularly militant tosser that strides down there during the day. Yesterday I saw him walking in the direction I was driving and he clearly hadn't noticed me, so I sounded my horn which made him turn around where I noticed he was wearing ear phones.
So, if one of these idiots gets hit by a lorry or me on a tractor, what would the likely legal out come be?
It is likely you will be sued or prosecuted or both, especially now you have told the world you are aware of it.Now, the locals like to walk up and down there, which is tolerated in the evening when the gates are locked, but during the day is very dangerous. When ever the guys that work on the site challenge them about they just get a mouth full of abuse and there is a particularly militant tosser that strides down there during the day. Yesterday I saw him walking in the direction I was driving and he clearly hadn't noticed me, so I sounded my horn which made him turn around where I noticed he was wearing ear phones.
So, if one of these idiots gets hit by a lorry or me on a tractor, what would the likely legal out come be?
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