Public liability

[oneofsix]

The Government owns the road, not the cops.

work place vs ownership

[FJRider]

so by that logic the roads are the cop on traffic duties work place so he has a duty to stop every person using the road and warn them of the hazards, after all no two roads are the same. The roads are also the work place of every courier driver, taxi driver, bus driver ... nah that's silly.

Close ... their EMPLOYERS have a "duty of care" to ensure their safety on the job. Hence dayglow gear/flashing lights on etc ...

SILLY ???? truth is stranger than fiction ....

[That looks like fun]

There are Cops and Government owned roads on the Adventure rides across farms
When did this happen and why wasnt I told

[dino3310]

There are Cops and Government owned roads on the Adventure rides across farms
When did this happen and why wasnt I told

could be a paper road

[warewolf]

Cutting locks is breaking and entering ... and the tresspass.
Some judges take a dim view of that ...

Not when it is re-opening an illegal gate on a public thoroughfare, whether some farmer likes people using it or not.

But we digress. The original question has been clearly answered.

[That looks like fun]

could be a paper road

OH Those roads

Must admit I do like WW summing up of this topic

[FJRider]

Not when it is re-opening an illegal gate on a public thoroughfare, whether some farmer likes people using it or not.

But we digress. The original question has been clearly answered.

Actually they can ... if it is claimed (even better if its proven) that the locks are there in the interest of public safety.

In which case you may find yourselves deeper in the poo ...

[cooneyr]

You's all need to stop bleating and read the post of MikeJ's including the link to the Department of Labour website.

Yep, and I understand that OSH is unlikely to be involved because it is not a work place.....However, the ACT does have some provision for the protection of "volunteers". ....

Who's volunteering for anything?

But it IS the farmers workplace ... and as such, he has a "duty of care" to warn visitors to his "workplace" of any and all dangers they could reasonably expect to find ... the landowner may not even be aware of (new) hazards ... ie: washed out track, slips etc in less visited areas of the property....

Again read the DoL website. Natural hazards are excluded, only need to warn of out of the ordinary hazards.

[cooneyr]

Actually they can ... if it is claimed (even better if its proven) that the locks are there in the interest of public safety.

In which case you may find yourselves deeper in the poo ...

Please explain why a private person would be able to put a lock would be on a public road in the interest of public safety. Hope they have the written approval of the RCA and have published the road closure for the necessary time in advance.

[dino3310]

You's all need to stop bleating and read the post of MikeJ's including the link to the Department of Labour website.

like i said in my original post, "openend a big can of worms", the original issue/question has been settled and now its expanding into uuuuuuummmm dunno really some kind of debate/discussion, but im injoying the read

got the web sites on my favourite tab ready for the next one to post up a simular question

[monchopper]

Actually they can ... if it is claimed (even better if its proven) that the locks are there in the interest of public safety.

In which case you may find yourselves deeper in the poo ...

Given your posts at the start of this thread were way off the mark, I'll treat this comment accordingly.

Summary from the link MikeJ sent.

Fact Sheet - If Visitors to my Farm are Injured, Am I Liable?
Under section 16 of the Health and Safety in Employment Act 1992, people who control workplaces, including farmers, have a simple duty to warn visitors who have permission to be on their properties of any work-related, out-of-the-ordinary hazards that they know about that may cause serious harm.

[FJRider]

Given your posts at the start of this thread were way off the mark, I'll treat this comment accordingly.

Summary from the link MikeJ sent.

Fact Sheet - If Visitors to my Farm are Injured, Am I Liable?
Under section 16 of the Health and Safety in Employment Act 1992, people who control workplaces, including farmers, have a simple duty to warn visitors who have permission to be on their properties of any work-related, out-of-the-ordinary hazards that they know about that may cause serious harm.

Treat my comments any way you like ... apparently it's a free country ...

However ... I have highlighted a few words of your quoted statement ... The very crux of land access ... permission of the landowner (or his representitive)

Without it ...

[monchopper]

Treat my comments any way you like ... apparently it's a free country ...

However ... I have highlighted a few words of your quoted statement ... The very crux of land access ... permission of the landowner (or his representitive)

Without it ...

Have you been talking about trespass all this time when the rest of us have been discussing liability?

[FJRider]

Please explain why a private person would be able to put a lock would be on a public road in the interest of public safety. Hope they have the written approval of the RCA and have published the road closure for the necessary time in advance.

Depending on the circumstances of the particular road. And untill you find out if permission to close the road was given ... and/or why/ the reasons for such ... removing locks for your entry may not be the wisest move.

There are a number of roads (public and paper roads) that are regulary closed to public use for weather or farming reasons(lambing, hay-making etc).

The Danseys pass road and the Dunstan trail, also the Roxburgh-Waikaia road ... the Nevis valley road ... all roads where motorcyclists is the past have ignored signs/locks and attempted to use them, and sometimes needed assistance to get out.

If a "public road" in your area is locked ... and you cannot see a reason/get a reason for it to be closed ... lay a complaint (or at least ask polite questions) with the local Police. If anybody needs to know why a public road should be/is closed ... it would be them.

[FJRider]

Have you been talking about trespass all this time when the rest of us have been discussing liability?

No need to discuss liability ... if permission is not granted.

The landowner does not need to explain why access was refused. (usually because he was let down by previous motorcycle/4WD groups that were given access ... I personally know several landowners in this situation)