Public Liability Advice

chriswray · L Plate Warrior Joined: 08 Jul 2008 Karma :

Hi all, I am afraid to say I do not own a bike, nor do I have an interest in them, (please dont stop reading here).

The truth is, I am a farmer. I had a group of local bikers experiencing problems and complaints from local residents from their green laneing. We have created a track, in the middle of no where, so sound is not an issue.

Here is the problem. From my point of view, as well as theirs to a certain extent, I need public liability insurance. The NFU (farmer insurance) wont cover me unless I have a solicitor drawn up contract. AMCA wont cover me unless I become one of their tracks.

The group is of 8 friends, nothing formal like a club. The land is currently officially farm land, (sshhh). We all get on, but we want to make things as right as we can to avoid fall outs and problems in the future so they can get on and enjoy themselves unhindered.

Any advice on this would be very much appreciated, either someone or a company I could speak with in regard to this kind of cover.

Many thanks for reading a non-bikers post.

G · The Voice of Reason Joined: 02 Feb 2002 Karma :

First off, to clarify; 'Greenlaning' is considered to be the act of riding on Byways with a fully road legal bike, etc.

So, I'd classify what you've got as "messing about on a mate's land" Smile

A big

to you for letting people have fun on your land.
Oh and can I be the first (of many) to say 'can I have a go' Razz

.

What exact complaints have you had from local residents?

I can see there being all sorts of problems if you do get liability insurance; then you start to get issues I'd have thought, because now it's suddenly something more official than 'mates messing about' - I'm not sure that'd even be valid if the land was considered farm land; they might make it a condition of insurance that it's not.

You could see if there's some blag whereby the vehicles are just 'farm vehicles' - obviously they're there to help dig up the field Razz

.

garyd · Brolly Dolly Joined: 09 Apr 2006 Karma :

Sure ive read this same post on another forum???? Confused

____________________
CRF230 all you need

Scouse · World Chat Champion Joined: 12 Feb 2004 Karma :

/wonders if this land has a public footpath/right of way/bridlepath running through it.

MarJay · But it's British! Joined: 15 Sep 2003 Karma :

chriswray · L Plate Warrior Joined: 08 Jul 2008 Karma :

Firstly, Thank you for the Thumbs Up

Sorry, im not exactly up on the propper terms of things.

The complaints were ones recieved by the bikers themselves when out on green lanes.

Where the track is, we own most of the land round it. We have one neighbour, another farmer who we get on well with, and he is a long way from the track, so sound not an issue.

Mess about on mates land, is good way to describe it. Bit better than that, we had 360 digger in there for total of 4 days now over the year, so turning into nice track.

There must be some company that, if the bikers formed some sort of club, would offer a limited public liability insurance, much like you would have on a business premises.

But im not into the right circles to be aware of these and my mates only offered me the AMCA number who wernt exactly the right people for this situation.

MarJay · But it's British! Joined: 15 Sep 2003 Karma :

chriswray · L Plate Warrior Joined: 08 Jul 2008 Karma :

Thanks for the reply and suggestions.

First one is ok, but, as ever it is a case of what if? If something happens, and not the biker himself, but perhaps his mrs or something, u never know.

I have looked down the disclaimer route, and to be honest, not worth the paper it is written on to a good solicitor.

Third option is where im thinking. The bikers rent the land, basically they had to, to justify me taking it out of production. So cost is an element but im prepared to go down that route and sleep easy.

As you may have guessed, I like to be covered, too much bad expirence with these no win, no fee boys.

chriswray · L Plate Warrior Joined: 08 Jul 2008 Karma :

no public rights of way running through the land or near it.

Gentlemens agreement is what we have been on until now, but I just wanted to get it sorted, so that 1 idiot wife in a thousand isnt married to one of my mates, but I suspect she is....

G · The Voice of Reason Joined: 02 Feb 2002 Karma :

JBurrows88 · World Chat Champion Joined: 15 May 2006 Karma :

chriswray · L Plate Warrior Joined: 08 Jul 2008 Karma :

I would have to agree with you about DEFRA and the other numerous bodies.

As farmers we tend to have a bad name. The few miserable kill joys that exist within our industry, along with the ones who ride around in a range rover playing at lord of the manor, treating everyone elselike the peasants. I'm a farmer and I'll admit both exist and many more just like them.

Unfortunatly nowadays, we are so heavily regulated, we have to account for the use of every piece of our land. MOre forms and paper work to keep a thousand people employed somewhere.

From the outside, you may think, look at all that land, surely you could use some of it for...... unfortunatly, there would be change of use, removal from cross compliance, if it is in ELS thats another headache involving repayments, this is before insurance.

As you can see I am not a fan of the system by any means. I am trying to help some local lads out, and the residents they used to annoy, but im hindered every step of the way. It would be easier for me to farm the land, but wheres teh fun in that..

So I have managed most of the paperwork, perhaps avoided one or two, accidentally of course. And im left with the liability issue, so I can pretty much turn my back and leave them to enjoy themselves, without the worry of a lawsuit.