Electric fencing along foot path

[Renishawphil]

Is anyone able to give me a definitive answer on electric fencing next to a public footpath. We have electric fence wiring attached to a normal horse netting fence with the lowest one about a meter of the ground.
The council are not happy but I got a copy if their highway rights of way book and the council don't seem to be in a position to order me to remove it.
Their letter seems to be advicing I should remove it, but not going as far as making a formal request. I was initially going to remove the lowest strand but I since changed my mind.

Can anyone help?

 

[Sparemare]

If the general public can touch it it's a no. We have a footpath at the edge of our land. We have an electric fence for the horses, then a gap of ten foot and then another fence - stock fencing to keep the public and their dogs out.

 

[AmyMay]

I suspect the council are well within their rights to order its removal. Any electric fencing within a certain distance of a footpath entrance (ie stile, gateway) has to be made 'safe' to protect any pedestrian, or there has to be another boundary separating the electric fence from that entrance / footpath.

Your best bet would be to install proper fencing to protect your stock.

 

[Renishawphil]

I suspect the council are well within their rights to order its removal. Any electric fencing within a certain distance of a footpath entrance (ie stile, gateway) has to be made 'safe' to protect any pedestrian, or there has to be another boundary separating the electric fence from that entrance / footpath.

Your best bet would be to install proper fencing to protect your stock.

Is there anything definitive in this ? I have looked in the so called blue book about rights of way and it seems rather gray

 

[pippixox]

Surely they shouldn't be touching it anyway?!
You should probably hang the plastic warning signs to say it's electric

 

[Renishawphil]

I suspect the council are well within their rights to order its removal. Any electric fencing within a certain distance of a footpath entrance (ie stile, gateway) has to be made 'safe' to protect any pedestrian, or there has to be another boundary separating the electric fence from that entrance / footpath.

Your best bet would be to install proper fencing to protect your stock.

That's the thing in their letter they haven't ordered it's removal at all. Rather just advising me

 

[Renishawphil]

Surely they shouldn't be touching it anyway?!
You should probably hang the plastic warning signs to say it's electric

Have got two of those up 8 meters apart

 

[AmyMay]

That's the thing in their letter they haven't ordered it's removal at all. Rather just advising me

I guess leave it then until the councils position changes.

 

[JanetGeorge]

Electric fence along a footpath edge is perfectly legal as long as there are regular warning signs. And if there is an electric gate across a footpath it should be to a single handle - according to my Council officers - because some ramblers find handling two FAR too hard!

 

[Red-1]

Had a Google and found...

By law, all electric fences must carry an approved warning sign, when they are installed in proximity to the general public, for example footpaths, public roads. Signs should be fixed to the fence posts, or to the fence line.

Signs should be placed at the start and at the end of the fence if for example, the fence runs alongside a public footpath and then at regular intervals along the fence line. Under new EU legislation (BSEN 60335, March 2011 revision) warning signs must be placed at the beginning and end of the fence and every 10m in between for security fencing and 50-100m for stock fencing.


From a firm selling.... electric fence signs! http://www.electricfence-online.co....ories/electric-fence-warning-sign-347049.html


Wigan council Wigan.gov.uk says...

Electric fences, either temporary or permanent, are subject to the same rules as other fencing. They should not be erected across a public right of way without prior authorisation from the council. If permission has been granted for a gate, then insulating a short section of the fence may be necessary to ensure that the fencing does not pose a risk to those using the right of way (e.g. that they are not likely to come in to contact with an electrified section of the fence accidentally).

However, if the fencing runs parallel to the right of way there should not be any need to insulate the fence provided there is sufficient space for users to exercise their rights without coming into contact with the fence and clear warning signs are displayed indicating that the fence is electrified. Any section of electric fence crossing or running close to a public right of way should be insulated (e.g. with a section of hose) and must also be marked with clear warning signs at regular intervals to alert the public to the potential danger.


ETA- A BHS PDF says...

National Farmers’ Union Guidance
In July 2000, the National Farmers’ Union issued guidance to its members, saying that ‘the
safest course would be to avoid placing electric fences along public rights of way altogether.
If electrified wire has to be used, (and bear in mind the Health and Safety risk assessment
protocols demand that alternatives to any potentially dangerous practice be seriously
considered), it should be placed so that under normal circumstances noone using the right
of way is likely to come into contact with it. There should also be ample warning signs.’ The
Society agrees with this guidance.
The British Horse Society’s recommendations
It is the landowner or occupier’s responsibility to ensure that the public is not put at risk by
the fencing.
We recommend that:
a) Before installing any electric fencing alongside a road, public right of way or other public
route open to ridden or driven horses, the landowner or occupier should carry out a risk
assessment, taking into account the local circumstances and the physical nature of the
way, and carefully consider alternatives to the use of electric fencing.
b) In general, electric fencing should not be installed alongside roads, public rights of way
or other routes open to ridden or driven horses, unless there is a physical barrier which
will prevent any part of the horse or rider from coming into contact with it, such as a
ditch, hedge, wooden rail, solid fence, or wall. If there is no such physical barrier, it
should never be installed on both sides of the way and in general it should not be
installed within three metres of the way.
(Depending on local circumstances, where the way is clear of overhanging vegetation,
sufficiently wide for all users to pass each other safely without risk of a horse or rider
coming into contact with the electric fence, and where the surface of the way is good, it
may occasionally be possible to reduce this separation distance; very occasionally it
may be advisable to increase it.)
c) Electric fencing alongside roads, public rights of way or other routes open to ridden or
Electric Fencing
driven horses should carry warning signs where it starts and ends alongside the route
and at suitable intervals along its length, normally 50 to 100 metres apart.
d) Electric fencing should not be placed across a public right of way or other equestrian
route. The use of electric fencing, across a route for ridden horses, with ‘cotton reel’
handles to open it, is unacceptable, not only because it cannot be negotiated without
dismounting, but especially because the horse can easily come into contact with the
wire while the rider is opening it.
e) Where there is a gate across a way, electric fencing should be discontinued across the
gate and on either side of the gate. British Standard 5709:2006 states that there should
be no electric fencing within one metre of the gate or of the manoeuvring space. A
horse requires a manoeuvring space of at least four metres by four metres at each side
of the gate to ensure that a horse and rider negotiating a gate will not be at risk of
touching the electrified fence.
Care should be taken to ensure that the gate cannot become electrified by swinging
back onto live fencing when it is open.
f) If electric fencing needs to be carried across a public right of way or other route open to
ridden or driven horses, it should be discontinued for a distance of at least three metres
either side of the path, and either raised over the path on telegraph type poles set to a
height of 3.7 metres (minimum 3.4m) or double-insulated and buried in a plastic conduit
to a minimum depth of 400mm.
Subject to local circumstances, it is advisable to take the wire overhead in preference to
underground, since if there should be any underground leakage of electricity horses
are particularly sensitive. The consent of the highway authority is required for cables
over a public right of way or within the surface of it. Electric fences should not be routed
overhead where there are other overhead cables.
g) An energiser which clicks should be placed well away from any gate on the way.
h) Electric fencing should not be used in combination with cattle grids.
i) Electric fencing should not be used on registered commons or public open spaces which
have rights of access on horseback, other than in exceptional and very temporary
circumstances.
Under the Land Reform (Scotland) Act 2003, riders and carriage drivers have a right of
responsible access. Although the specific information applies to England and Wales
only, the general guidance also applies in Scotland.

 

[windand rain]

Electric fence along a footpath edge is perfectly legal as long as there are regular warning signs. And if there is an electric gate across a footpath it should be to a single handle - according to my Council officers - because some ramblers find handling two FAR too hard!

this is the stance our council takes as long as there are plenty signs it is permissable to use electric fencing but the footpath has to be a minimum width of 2 meters and kept clear od obstructions

 

[spacefaer]

We have a footpath running between the garden hedge (8' high) and a sheep netting/plain wire stock fence, bounding the field. It has electric rope on the inside of the posts, along the top. There is a warning sign at the beginning and end of this section of fencing.

It is completely acceptable to the Council (given that they wanted to take out the stiles at either end and leave an open gap, for "maximum accessibility for footpath users" Given that one is a boundary into a sheep field and the other is a boundary onto a main road, their suggestion fell on deaf ears.

 

[popsdosh]

Speaking from experience on the farm . There are two institutions that will have concerns , one the council cannot make you remove it however they have worded their communication very carefully and advising you to. The reason being if anybody is hurt by it and complains HSE will be after you as you have a duty of care to users of your property and they have far bigger teeth than the council. This is why the NFU has advised farmers not to use it near footpaths.

 

[Debs mcq]

In that case you probably don't need to, if they had the power they would enforce it....
My neighbour has electric fencing along footpath, stroppy walkers would have definitely had it removed....just because they could

 

[Copperpot]

I have electric fencing along a footpath. The path is 2 metres wide and I have signs up warning that the fence is electric. No one has ever commented on it.

 

[Hoof_Prints]

I have electric fencing either side of a gateway on a public footpath, It has warning signs on. I would wonder how anyone managed to get that far if they can't navigate around it No problems so far , much safer than the horses running riot in the field they walk through anyway!

 

[Orangehorse]

I fenced a footpath with electric fencing as I was worried about my grumpy mare terrorising walkers. The local footpath lady was quite happy about it and thought it was a good idea. That is quite a long time ago though, so I don't know if the attitude has changed.

 

[smellsofhorse]

Not at expert but I thought you just had to have warning signs every so often 90cm or something like that.


I hope you get it sorted, must be a headache when the council start moaning.

 

[case895]

Not at expert but I thought you just had to have warning signs every so often 90cm or something like that.


I hope you get it sorted, must be a headache when the council start moaning.

Every 90 cm? That will be a lot of signs!

 

[Dave's Mam]

Surely they shouldn't be touching it anyway?!
You should probably hang the plastic warning signs to say it's electric

Your issue is not that people will touch it, but what if someone tripped & caught it? What if that person had a pacemaker?

 

[PeterNatt]

You should ensure that there are electric fence warning signs (Black print on a yellow background at both ends of the footpath and at intervals along it.
You need to ensure that you can demonstrate with appropriate documentation that your electric fencing energiser is compliant with current legislation and has been regularly serviced and callibrated and that the electric fencing terminates one metre from any gates or styles so that there is no chance of anyone getting an electric shock.
You need to ensure that you have third party public liability insurance that covers your electric fencing.

 

[case895]

You should ensure that there are electric fence warning signs (Black print on a yellow background at both ends of the footpath and at intervals along it.
You need to ensure that you can demonstrate with appropriate documentation that your electric fencing energiser is compliant with current legislation and has been regularly serviced and callibrated and that the electric fencing terminates one metre from any gates or styles so that there is no chance of anyone getting an electric shock.
You need to ensure that you have third party public liability insurance that covers your electric fencing.

What is there to calibrate? Mine is a sealed unit so there is nothing to service on it.

 

[popsdosh]

What is there to calibrate? Mine is a sealed unit so there is nothing to service on it.

Of course they have to be checked all our farm ones are serviced every year to check output etc we would have insurance issues if we didnt. Most parts are replaceable is yours CE marked or a cheapy off ebay as they are the ones most likely to cause issues on fence lines.

 

[case895]

Of course they have to be checked all our farm ones are serviced every year to check output etc we would have insurance issues if we didnt. Most parts are replaceable is yours CE marked or a cheapy off ebay as they are the ones most likely to cause issues on fence lines.

Check what? Voltage? Current? Mark/space ratio? Pulse duration?

 

[popsdosh]

Check what? Voltage? Current? Mark/space ratio? Pulse duration?

Everything they are checked to factory spec !

 

[D66]

I have electric fencing alongside a footpath to stop the horses mugging ramblers for food and to keep a degree of separation between them and dogs. The fence is arranged to give plenty of room for walkers especially at the gates and has notices hung facing the gates, and at intervals down the line. As the footpath goes through the middle of the field I alter the ends of the fence near the gates to enable the horses to be one side or the other without altering the greater part of the fence. No one has complained yet, though it does help that the line of the footpath shown on different maps (OS, definitive and historic) varies by more than a few metres. We are in South Northants who seem quite horse friendly.

 

[3OldPonies]

The footpath across my field is fenced on both sides with electric fencing with warning signs every 50 m or so and at either end where there are gates into neighbouring fields. I've had no complaints in the 18 years its been there, not even from our vociferous local ramblers association members, yet when a landowner on the other side of the lane put up similar fencing he was told to remove it by the local footpath officer as there were loads of complaints, the owner on the other side of that field also put one up and was told he could use electric fencing but not to turn it on - by the same officer - and in all three cases we are fencing the same footpath!!! If anyone tries to get mine taken down they will get short shrift - it's there for the safety of everyone using the field, walkers and horses alike.

 

[PeterNatt]

It is important to get these units regularly serviced (once a year) as they are exposed to the environment and contacts can become corroded causing short circuits or faults with the earth return.
What you don't want to happen is for the energisers output to be in excess of what it should be and give someone a life threatening/fatal electric shock.
You also need to check that when in situ the earth return of the energiser is fully working. Some ground/weather conditions may prevent them from fully earthing.
Please be aware that you are responsible for anyone who is on your land be they on it legally or illegally so make quite sure that you have third party public liability that will cover your units.
As above ensure that your unit is manufactured by a reputable manufacturer to the correct B.S./I.S.O. standards and that they are ce marked and fully compliant with current legislation.
Keep all the documentation and instructions that come with your unit in safe place so that if you have any issues you can refer to them.
Remember that electricity can kill.

 

[smellsofhorse]

Every 90 cm? That will be a lot of signs!

Ok maybe I meant M!
But every 90cm is how often they are placed at work.
Admittedly a secure building with very high fencing and very powerful electric fence,

 

[smellsofhorse]

http://www.gillespiemacandrew.co.uk/news-views/latest-news/2012/electric-fences-keeping-it-current/