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Duane...
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Help with risk assessment/membership etc for local ride spot
« on: July 01, 2008, 23:36:02 PM »

Right, this might be a long one...

Im sure a lot of you have seen the pics of our jumps/Northsore, at the Splodge.
If not;
http://minimole.pinkbike.com/album/The-Splodge/
http://cubed-square-photography.pinkbike.com/album/Riding-Photography/

A bit about the location, they are in a private field just down the road, but the field has a public footpath through it, so anyone can get into the field.
The landowners house is at the top of the jumps (bout 100m from the jumps, within sight), and we have his permission to build on his land.

Anyway, to cut a long story short, he had a chat with a couple of my mates who were down there today, and firstly, said he would prefer if we didnt go any further/wider/bigger (mainly due to safety), which is fair enough, we did have other stuff planned, but its an ace spot as it is, so cant complain I guess.

Brings me onto his second point though, and that is basically of safety, and essentially someone crashing and sueing him.

He was saying something about a register which you sign everytime you ride, with your name, emergency contact number, time of arrival/leaving etc.
Also he wants to know that everyone under 18 is actually allowed to ride there (by thier parents).
He also doesnt want everyone and anyone coming down (which has been happening lately), as at the end of the day, it is a private field (even if it is within anyones right to go into/through it).


So Ive been doing a bit of thinking, and have had a few ideas of what we can implement;


Theres about 5 or 6 of the "core" riders/diggers, and no-one can ride unless they are present.

Everyone who rides reguarly must be a member.
This will mean filling in a form with all your details, signed by parents if you're under 18, and also signing to agree to always wear a helmet, be responsible etc etc, but most importantly, you are riding at your own risk, and the landowner/builders are in no way responsible for any injuries/damage etc.
The landowner will get a copy of all these forms.

Any visitors (ie people who are on holiday up here for example) will have to fill out a similar form, which will be kept by  the "core" rider who is present, while the visitor rides the jumps.

We then have a register which is kept at the field (with a pen), which you sign in/out of, and will have all the members emergency details at the back (is that safe?) to save them writing it down every time.


Then there is the issue of stopping people riding when we arent there. The landowner can just go down and if they arent on the register/a member, he can kick them off.
But we were thinking something more drastic, maybe a padlockable mini gate across the runins (positioned so you can go around them), which the core riders and the landowner will have keys to. Or maybe one of those mini electric fences. We have to be careful not to be too eye-soreish though, as other households can see the jumps.

We think it would also be a good idea to mark the jumps area apart from the rest of the field, so we can then put a sign saying these are private jumps, do not enter this area unless you are a member/have permission. Maybe just a low rope or something, but again, could be eyesoreish.

What about an age minimum? Would help as we've had grief off younger people (wrecking jumps), so maybe a min age of 14 or so? May be a bit harsh though...

Lastly, the landowner would like some form of risk assessment. Not really sure how this would work with it hopefully being members-ride-only. Anyone on here associated with the Delamere scene, I know they did a fair bit on risk assessment? Will we have to make everything which is under 2 foot or so rollable, and then make it clear that stuff which isnt rollable is for experts only? How about grading the stuff (blue/red/black etc)? But then again, if its only people we know riding, do we need to?



Anyway, if your still reading, thanks, you must be bored Cheesy

Just asking for any thoughts etc, not really sure where to go from now.
Will go and have a chat with the landowner soon, but would like to have some ideas, maybe mockup letters to take with us.
Also, what do skateparks/large jump spots do?
If anyone could post up some info, that would be great Cheesy


Thanks all, Duane Smiley
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Duane...
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Re: Help with risk assessment/membership etc for local ride spot
« Reply #1 on: July 01, 2008, 23:41:16 PM »

Oh, and just to say, I dont think the landowner is against the jumps (otherwise they would no longer be there), but he wants to keep them under control, and make sure he doesnt get taken to court.
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DaveB
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Re: Help with risk assessment/membership etc for local ride spot
« Reply #2 on: July 02, 2008, 08:32:15 AM »

Post a link to this thread on that idiots thread below about the forest rangers doing their jobs...

Good on you for getting this up and running - sounds mint...

Might be worth contacting the guys from Singletraction as well for the risk assessment stuff.
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Re: Help with risk assessment/membership etc for local ride spot
« Reply #3 on: July 02, 2008, 08:48:35 AM »

Morning!
 I help run Woodland riders dwon in Devon and we faced similar land access and liability issues. Just reading through your post you have pretty much got everything covered....except maybe the electric fence idea, bin that one!
As well as the indemnity form i'd recommend getting British cycling 3rd party liability insurence. This doesn't cost that much and if anybody crashes into a member of the public (who you state can just wander across the field) and they decide to sue, the land owner won't have to pay.
Congratulations on your top ideas. Pass a few onto Harrison Yeo....
Good luck with everything
Andy
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Re: Help with risk assessment/membership etc for local ride spot
« Reply #4 on: July 02, 2008, 09:36:24 AM »

could be a bit costly but what about putting up a proper wooden fence across the field (instead of low rope) spliting the trails from the rest of the field. then have signs saying members only, tresspassers will be prosecuted. just an idea...
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Re: Help with risk assessment/membership etc for local ride spot
« Reply #5 on: July 02, 2008, 11:58:01 AM »

Sounds much like Longleat. Become a BC club and you get some level of insurance (3rd party, which is the one you need more than most). With regards the risk assessment it depends on what the land owner wants. We've been lucky in that we are allowed to do it ourselves so long as we have everything well documented and everything is sensible (and available for the land owner to read at any point). Basically its common sense stuff. Minimum age will be mostly defined by your insurance and again, common sense. Access is always tricky. Membership cards and an area that has enough members there throughout peak times to ensure people get told its private etc is usually the best (and cheapest and effective) way.

Good luck with it Smiley

Al
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Re: Help with risk assessment/membership etc for local ride spot
« Reply #6 on: July 02, 2008, 11:59:29 AM »

A few extra points for you.

If the public can gain access to the site, with or without premission, the landowner has a Duty of Care to ensure what is there is safe.  That doesn't mean 'sanitised and dull', but does mean that you should be able to see and be aware of what you're getting into.  So, for example, a series of easy jumps followed by a coffin-box gap jump is a no-no.  A coffin-box followed by some doubles, even huuuge ones, would be acceptable.  The main thing is that you shouldn't be able to end up on it by mistake.

As HH101 suggests, a proper fence is the best idea, with intermittent signs on it saying 'no public access' is the most effective barrier, as no-one can say they didn't see it.  And a sign at the official entry point is a good idea as it can set out what's what, rules etc.  I'll see if I can find an example from my FC work and I'll post it up.

Risk Assessments sound like a pain but are pretty straightforward - I have to write them all the time at work.  PM me and I'll send you some examples you can adapt/modify/plagerise at your pleasure.

Hope this helps, and good work for being prepared to put some effort into keeping your jump-spot going.

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Duane...
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Re: Help with risk assessment/membership etc for local ride spot
« Reply #7 on: July 02, 2008, 23:13:16 PM »

Thanks for the replies.

Firstly, might sound stupid, but insurance, BC club etc etc simply isnt going to happen, if he sees it going that far, hes just gonna say, sorry guys, enoughs and enough, theyve gotta stop.

I think he just wants to make sure everyone who is down there is allowed to be (apparently he was quite concerned/focussed about getting signed parent permission for everyone under 18), and to make sure that everyone realises that it is a public field, and not anyone can come and ride/hang around.

I think the current plan is;
Have the 5 or 6 "core" riders as mentioned, who have to be present for anyone to ride.
Have membership, so a letter which is filled in (and signed by parents), which the landowner will have (he actually said he just wants a book of parents signtures). There will then be a couple notices at the jumps, with the rules, and also a firstaid kit and phone number of local hospital.
Everyone will have a little business-card sized card, which will have thier name and emergency contact number on, which they must have if they are riding. This means if anyone gets hurt we can sort something out.

I know we wont be able to keep people from riding, but if people see that its not just a public spot (like a skate park is), hopefully they will be less likely to just hang around (espeically if we tell them they are not wanted).

We may put some kind of barrier/rope up, marking out the jumps, with no entry (unless you are a member) signs around, so it is clear to people they cant just wander around just because its a public footpath field.


Thanks for the ideas/thoughts all, Im about to start on the membership letters, Ill post it up when Im done so you can see what you think Smiley


Ta, Duane Smiley
« Last Edit: July 02, 2008, 23:16:18 PM by Duane... » Logged

Duane...
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Re: Help with risk assessment/membership etc for local ride spot
« Reply #8 on: July 02, 2008, 23:23:20 PM »


If the public can gain access to the site, with or without premission, the landowner has a Duty of Care to ensure what is there is safe.  That doesn't mean 'sanitised and dull', but does mean that you should be able to see and be aware of what you're getting into.  So, for example, a series of easy jumps followed by a coffin-box gap jump is a no-no.  A coffin-box followed by some doubles, even huuuge ones, would be acceptable.  The main thing is that you shouldn't be able to end up on it by mistake.


Thanks for all the info mate.
Yeah, theres nothing unexpected, on the left a small line of doubles, middle a moderately sized line of doubles (although the first is a smaller setup jump...?), and on the right some fairly large northshore.

Oh, sent you a PM Smiley
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calla_tha_one
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Re: Help with risk assessment/membership etc for local ride spot
« Reply #9 on: July 03, 2008, 20:11:07 PM »

a quick reality check is needed here  :'(

regardless of what is signed, people will sue you if they get seriously hurt  Roll Eyes

in UK law, you cannot remove the right to launch a legal action by signing a liability waiver

it is only the first step in a protective package including creating a private membership club, liability insurance, warning signage, mandatory safety equipment, structures / stunts / trails built to high standards, supervised riding session, control of access to the site, etc.


if the land owner has not prevented public access to potentially dangerous jumps or structures, the land owner is completely open to liable for damages, if little jonny on his Apollo Mega-X sneaks in there and breaks his neck on a jump

every legal claim costs a sustantial amount of money to fight, and a spinal injury or fatality could see the claimaint going after the assets of the land owner (their land, house, business)

unfortunately people saying "I would never sue you if i got hurt riding" doesn't mean anything once a long term injury is sustained and the rider cannot work for a living, or requires 24-hour medical care at a high cost

your land owner need to speak to his solicitor and listen very carefully to the ramifications of what you are proposing, because a legal action could literally make them bankrupt and see you hard work bulldozed in an hour, and no body wants to see that happen

a landowner would have to be completely insane to host such a proposal without liability insurance,and comprehensive legal advice

« Last Edit: July 03, 2008, 20:14:29 PM by calla_tha_one » Logged
Lifer
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Re: Help with risk assessment/membership etc for local ride spot
« Reply #10 on: July 04, 2008, 16:13:54 PM »

What if the footpath is fenced off from the rest of the field, would a person trespassing have a right to sue in the event of injury?
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calla_tha_one
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Re: Help with risk assessment/membership etc for local ride spot
« Reply #11 on: July 04, 2008, 21:01:35 PM »

a fence will definitely help, because it demonstrates that you have taken "reasonable measures" to secure your site and prevent access - post warning signage on the outside of the fencing at regular intervals as that will help alot

trepassing is not a criminal offence, but a civil offence, and so a trespassers who gets hurts on your property (if the landowner) can still try to launch a legal action  Tongue

however, alot of H&S is about taking "reasonable measure" and "realistic precautions" and someone scaling a 7 foot high chainlink fence could be deemed to have been unreasonable by ignoring your measures at securing your site

one of the biggest problems with legal actions is ultimately it comes down to the experience of the judge (which with bicycle related claims is often a bad thing)
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Lifer
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Re: Help with risk assessment/membership etc for local ride spot
« Reply #12 on: July 05, 2008, 10:47:42 AM »

trepassing is not a criminal offence, but a civil offence, and so a trespassers who gets hurts on your property (if the landowner) can still try to launch a legal action

What a world we live in!
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Re: Help with risk assessment/membership etc for local ride spot
« Reply #13 on: July 05, 2008, 20:48:12 PM »

yeah its a mad world

it sounds like another "urban legend" but the story about the burgular who sued after slipping on a rollerskate and falling down some stairs in a house he had broken into was actually true, and happened in the good 'ol USA

legal people realised there is mad money to be made in lawsuits, and biking is a big grey area ripe to plunder  Tongue
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