Clearing the way.
- Thread starter Pjrs34
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only if you have a license and public liability can you do it legally
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- Preston Lancs.
Some may use the, "There's nobody around for miles", licence.
My favourite kind!
But in all seriousness, I've got a chainsaw and wouldn't think twice about chucking it in the back and sorting out a tree in the way (see my other post in the Defender forum!) and I wouldn't want to find myself in trouble for trying to do a good deed.
Turboman
Mab An Gov
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You dont on your own land, although you do have a duty of care to yourself to operate in a safe and sensible way. Public places or for hire or reward is different. Certification and insurance.
Some may use the, "There's nobody around for miles", licence.
They do!
So would I, and I have done several times. Diplomacy can be good, have a word with the landowner or farmer, ask him if he knows the tree is blocking the way, he may use the track himself. If he doesnt plan to clear it, ask if he minds if you do, and say you will leave any firewood for collection
On the ground I have done it, but I certainly wouldnt post about it on the internet, either before or after.
After the big storm in 87, we cut up several large trees blocking public roads, with the support and participation of the police, and some of the waiting drivers. Nobody seemed to have a problem with this, although we were in no way contracted by the council to do so. In fact we mostly did it to make progress ourselves!
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From the Glass code of conduct ...
"Keep to the defined track. Detour only to pass immovable obstructions. Report any obstructions (including low branches) to the highway authority and the local GLASS Area Representative. Be critical of your own abilities and equipment when assessing an obstruction; it is your right to abate a non-lawful obstruction, but do not commit yourself to a bigger task than you are equipped for."
First point ... Technically chainsaws are not 'normally carried' by most people so shouldn't really be used. Nothing to do with legislation of chain saw use, you can do anything you want in private hands, but not necessarily in public places! If you're employed to clear a lane then you must have current tickets to cover liability and authority clearance before you do anything.
The general consensus is that you can abate (Move out of the way) any non-lawful obstruction. I take non-lawful obstruction to be anything that impedes progress along the lane and is usually things like boulders moved by a farmer, for instance, or a man-made barrier. Fallen trees, arguably, might not be 'non-lawful obstructions', it's not been tested in court as far as we know .. You must use some discretion here .. My reading of the legislation (Personal opinion) is that if it's not lawful to block a lane then any blockage on that lane is non-lawful so might be (abated) moved aside with tools normally carried ... That means if you come across a tree blocking a route while out laning then if you can move it, all well and good. You can't just chop it up and use it for firewood, and you can move it only far enough to clear passage, ie throw it to one side or the other or drag it to some place safer if in a gulley for instance.
If you elect to turn around and report it to a local authority, then that should be the end of it. You should not go back 'properly equipped' to clear the obstacle, chainsaws or not!
A quick rule of thumb for me is that I carry a small hatchet and a Bow saw/pruning saw .. along with the winch that's all I'll use to abate an obstruction, nowadays before anyone says anything!! However, if there's a few of you, each with a small saw, that's a lot of potential ...
"Keep to the defined track. Detour only to pass immovable obstructions. Report any obstructions (including low branches) to the highway authority and the local GLASS Area Representative. Be critical of your own abilities and equipment when assessing an obstruction; it is your right to abate a non-lawful obstruction, but do not commit yourself to a bigger task than you are equipped for."
First point ... Technically chainsaws are not 'normally carried' by most people so shouldn't really be used. Nothing to do with legislation of chain saw use, you can do anything you want in private hands, but not necessarily in public places! If you're employed to clear a lane then you must have current tickets to cover liability and authority clearance before you do anything.
The general consensus is that you can abate (Move out of the way) any non-lawful obstruction. I take non-lawful obstruction to be anything that impedes progress along the lane and is usually things like boulders moved by a farmer, for instance, or a man-made barrier. Fallen trees, arguably, might not be 'non-lawful obstructions', it's not been tested in court as far as we know .. You must use some discretion here .. My reading of the legislation (Personal opinion) is that if it's not lawful to block a lane then any blockage on that lane is non-lawful so might be (abated) moved aside with tools normally carried ... That means if you come across a tree blocking a route while out laning then if you can move it, all well and good. You can't just chop it up and use it for firewood, and you can move it only far enough to clear passage, ie throw it to one side or the other or drag it to some place safer if in a gulley for instance.
If you elect to turn around and report it to a local authority, then that should be the end of it. You should not go back 'properly equipped' to clear the obstacle, chainsaws or not!
A quick rule of thumb for me is that I carry a small hatchet and a Bow saw/pruning saw .. along with the winch that's all I'll use to abate an obstruction, nowadays before anyone says anything!!
However, if there's a few of you, each with a small saw, that's a lot of potential ...
Turboman
Mab An Gov
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However, if there's a few of you, each with a small saw, that's a lot of potential ...
Good point! Three or four people with sharp bow saws can do a lot of cutting in quite a short time, especially if most of the wood is under foot diameter or so. Less safety implications than a chainsaw, and less likely to draw unwanted attention!
Larry365
Active Member
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- Lincolnshire, UK
Speaking as a tree surgeon for over 10 years, I have never come across a law stating that any sort of licence is required to use a chainsaw in a public place, nor any sort of public liability (we are qualified up to our eyeballs so correct me if I'm wrong). It is definitely a grey area because a) you are not being contracted by anyone to clear the tree. b) its not your tree or your land... but it is a public right of way. c) where would you stand if there was actually an accident of any kind.
Obviously all professionals carry various certificates and we have public liability as required by buyers. I would say the only legal issue would be operating in a public place without correct PPE, signage etc. I maintain over 800 miles of rights of way in Cambs. I'll ask the ROW officer for my areas next time I speak to him and see what he says.
Fallen trees are probably the most dangerous instance of a tree to work on in my opinion so probably best to just pull it out the way. Anything small enough to cut with the type of chainsaw someone carries with them when laning is small enough to be pulled out of the way. I'm never gonna suggest that a chainsaw should be only used by professionals as that's just nanny state BS but they are obviously very bloody dangerous. I put a chainsaw through my leg, just above my knee. I had full PPE, was working in a team of 3 and did everything by the book. What I couldn't predict has a sudden severe back spasm which locked me up in extreme pain. Luickily my PPE clogged the chain before cutting too deep into my leg.
Obviously all professionals carry various certificates and we have public liability as required by buyers. I would say the only legal issue would be operating in a public place without correct PPE, signage etc. I maintain over 800 miles of rights of way in Cambs. I'll ask the ROW officer for my areas next time I speak to him and see what he says.
Fallen trees are probably the most dangerous instance of a tree to work on in my opinion so probably best to just pull it out the way. Anything small enough to cut with the type of chainsaw someone carries with them when laning is small enough to be pulled out of the way. I'm never gonna suggest that a chainsaw should be only used by professionals as that's just nanny state BS but they are obviously very bloody dangerous. I put a chainsaw through my leg, just above my knee. I had full PPE, was working in a team of 3 and did everything by the book. What I couldn't predict has a sudden severe back spasm which locked me up in extreme pain. Luickily my PPE clogged the chain before cutting too deep into my leg.
I think the only sort of license (or ticket) you need for a chainsaw is if you want to buy a (new) top handle saw. These are where as the name implies the handle is on the top rather than sticking out the back. This gives the operator the ability to use saw one handed, very dangerous to the untrained. You may also need to show your ticket or license to gain the correct public liability insurance to show you've been trained and assessed in the correct use of a chainsaw.
I agree with Larry365 that fallen trees are dangerous to work on especially with a chainsaw as they can quickly trap your saw or spring in any direction once cut. They are noisy things as well and could attract the attention of the local fared who has quite happily been leaving them to stop green laners using the track.
I agree with Larry365 that fallen trees are dangerous to work on especially with a chainsaw as they can quickly trap your saw or spring in any direction once cut. They are noisy things as well and could attract the attention of the local fared who has quite happily been leaving them to stop green laners using the track.
