How to manage public access safely during harvest

Where walkers and working farms meet, farm safety becomes everyone's business.

As I write, we are in the midst of harvest. Combine harvesters and grain carts are working at full tilt, livestock are grazing in the fields and the school holidays are underway – bringing an increase in visitors to the countryside for holidays and day trips. With this in mind, here are some handy hints regarding managing rights of way on your land safely.

Public rights of way often cross farmland or run along farm tracks and driveways, meaning that extra care is needed when farm machinery and members of the public are sharing the same space. Risk assessments should therefore take account of the increased hazards associated with heavy vehicles and machinery operating near walkers, cyclists and horse riders.

Landowners are entitled to use public rights of way to access their land where they have lawful authority to do so. Most tracks to a field will either have a recognised private easement to access the field, lawful access on the basis of prescription or because they own the land and the access track which allows them to drive on the public right of way even where public vehicular rights do not exist. Landowners may also grant permission for others, such as farm contractors, to drive on a footpath, bridleway or restricted byway on their land where this is necessary. Section 34 of the Road Traffic Act 1988 sets out that vehicles driving with lawful authority don’t commit an offence.

However, lawful authority does not exempt drivers from their duty to exercise due care and attention or to consider the safety of other users. Indeed, a higher standard of care is likely to be required when driving on a footpath or bridleway than when travelling on the public highway, given the close proximity of pedestrians and other vulnerable users.

Landowners also have statutory responsibilities for maintaining stiles and gates on their land. Collectively known as rights of way furniture, these structures should be inspected regularly, with checks documented to demonstrate that they remain safe and serviceable. Where replacement is necessary, the local authority must contribute at least 25% of the reasonable costs incurred. It is worth remembering that even where land is tenanted, responsibility for ensuring that stiles and gates on a public right of way are safe for users remains with the landowner.

The Health and Safety Executive's Agriculture Information Sheet No. 17 provides practical guidance on cattle grazing in fields crossed by public access routes. By following the recommendations contained within the guidance and keeping appropriate records, farmers can demonstrate that they have taken all reasonably practicable steps to manage the risks should an incident occur.

Recommended measures include locating feeders and water troughs away from public rights of way, monitoring livestock behaviour, and removing animals that display aggressive tendencies. The guidance also recommends the use of suitable warning signs at field entrances.

Appropriate signage should be clear, concise and easy to understand. Yellow and black pictorial signs, supported by simple wording, can help ensure that people of all ages, languages and abilities are aware of potential hazards. Signs such as ‘Bull in field’ or ‘Cows with calves’ provide useful information without causing undue alarm.

There may also be situations where users need to be warned about hazards unrelated to livestock. This requires a careful assessment of the risk presented to the public and the use of proportionate signage where necessary. Before erecting signs, it is sensible to discuss the wording with your insurer. Signs should inform and advise users, but they must not discourage or obstruct lawful use of a public right of way, as doing so may constitute an offence.

Many public rights of way also pass through woodland, creating additional responsibilities for land managers. Familiarity with National Tree Safety Group guidance can help ensure a sensible and proportionate approach to tree safety. Regular inspections, thorough record keeping and prompt remedial work – either undertaken by a suitably skilled person or a competent contractor – can significantly reduce the risk of injury from falling branches or failing trees.

In some cases, a public right of way may pass directly through a busy working farmyard with multiple hazards present. Where this creates ongoing safety concerns, it may be worth exploring whether the route can be diverted. Although diversion orders can be both costly and time-consuming, current guidance requires authorities to consider the impact of routes that pass-through gardens, farmyards or commercial premises. Where these factors apply, they should be clearly highlighted in any discussions with the local rights of way team.

Let's have a safe and enjoyable rest of the summer.