Can i fell this tree legally??

[treequip]

So there is a law against taking a tree down then :confused1:

 

Already said no tickets.

 

In general there is no law against felling a tree

 

Some trees enjoy statutory protection but by and large great numbers of trees get felled each day without any legal intervention.

 

What you said was

If its straight cut and fell then no law exists

And that’s simply not true, while felling the tree (subject to statutory protection) may be legal because this is a commercial activity it comes under the auspices of the HSE and they require competencies for the chainsaw so some law exists. You could of course set about the tree with a cross cut and axe to get round the chainsaw competencies.......

[david wood]

how about finding somebody with cs 30/31 looking for a lil practise, and offer them few quid/take away dinner/ beers in return for a few mins work dropping it.

 

obviously this assumes its a tree in a field with no possible issues even if it goes wrong way, no targets etc and you can them safetly take apart on deck.

 

Also lets you learn a lil as you go and perhaps then take 30/31 tickets.

[agg221]

my household insurance would cover me on somebody else's property ??

 

In general, yes. Check the detail for your specific policy, but almost all do. It's to do with recreational use of your own property, for which you have public liability cover included within standard contents insurance. Note, it's recreational, rather than 'paid job' but cutting yourself some firewood for your own enjoyment falls into this category. This would be the same whether you were climbing or felling from the ground.

 

Alec

[Rich2484]

]Its not illegal because there is no law against it[/b]

 

The HSE says you should be suitably qualified so you need to be.

 

Get a freelancer to do what you cant and pass the cost on to the client

 

So there is a law then....

 

What you came accros saying is there wasn't a law against felling a tree. Now your saying there is.

 

Writing down on a forum so your point is made and understood takes some carefull thinking.

 

To me your post start with no law exept hse, then they change to yes there are laws so you can't do it. How its being read.

 

A law is a law whoever it stands from. Either police or hse or any other governing body.

 

Also now its required to have tickets as the gardener in the case I pointed out didn't have any same as this one has stated he hasn't.

 

 

My overall advice is to either get a qualified person in to help out for a day or sub it out to someone else.

 

You are stepping into a mindfield.

 

Welcome by the way.

[WoodED]

If you weren't being paid for it, but were simply taking the tree down for your own benefit as logs, you could do it under your household contents insurance. This covers pretty much anything you may wish to do with a chainsaw unpaid (and is how I am covered for my own felling/milling for my own use).

 

Alec

 

but by that surly it would have to be a household? im not sure how it works... surly under hse it would have to be done by someone certified even if unpaid?

[treequip]

So there is a law then....

 

What you came accros saying is there wasn't a law against felling a tree. Now your saying there is.

 

Writing down on a forum so your point is made and understood takes some carefull thinking.

 

To me your post start with no law exept hse, then they change to yes there are laws so you can't do it. How its being read.

 

A law is a law whoever it stands from. Either police or hse or any other governing body.

 

Also now its required to have tickets as the gardener in the case I pointed out didn't have any same as this one has stated he hasn't.

 

 

My overall advice is to either get a qualified person in to help out for a day or sub it out to someone else.

 

You are stepping into a mindfield.

 

Welcome by the way.

 

There is no law against felling a tree (unless its protected), but you can be prosecuted for the commercial operation of a chainsaw, felling a tree or not without the required competences.

I did say that in my first post but you don’t seem to have read it properly but its not about what I said, its about you saying

 

If its straight cut and fell then no law exists

 

Which is simply wrong

FYI the only place the law comes from is Statute (parliament) or by case law (Courts) it doesn’t come from HSE or plod or anyone else

[agrimog]

as long as there arre no TPO's or other preventions on the tree, and you have the owners permission, there is no legal reason why you dont cut the tree down, you say youve been using saws for 20 years so you should be competent in using them, as to ability, do you feel in yourself up to the job....yes... do it,..no...get someone in to do the job, and pass the cost on. I have said before on here the "ticket" game is a money spinning scam for a lot of companies, nowhere does it say you must have a ticket, just be trained, and competent....check the hse requirments, the requirments for a bit of "paper" comes from the insurance companys and others out to line there own pockets, not out of saftey considerations for the operator on the ground

[HCR]

This is the relevant legislation:

 

Regulation 4(2) of the Personal Protective Equipment at Work Regulations 1992 states: "Every self-employed person shall ensure that he is provided with suitable personal protective equipment where he may be exposed to a risk to his health or safety while at work except where and to the extent that such risk has been adequately controlled by other means which are equally or more effective."

 

and

 

Regulation 9(1) of the Provision and Use of Work Equipment Regulations 1998 states: "Every employer shall ensure that all persons who use work equipment have received adequate training for purposes of health and safety, including training in the methods which may be adopted when using the work equipment, any risks which such use may entail and precautions to be taken."

 

There is more, obviously, but that's probably the most relevant.

 

Also, do a check with your council's tree officer to ensure that the tree has no protection.

[agg221]

but by that surly it would have to be a household? im not sure how it works... surly under hse it would have to be done by someone certified even if unpaid?

 

Oddly enough, no. You're still allowed to kill yourself in as many interesting ways as you see fit, and you're still insured if your stupidity causes damage to others or their property. No certificates necessary (you don't even have to be certified stupid!). I periodically confirm this with my insurers, last did it about a year ago, and still all fine.

 

Basically, HSE start to care about it as soon as payment (hire or reward) is involved. It's not seen as payment if you fell a tree for your own use. It would be if you were felling the tree and then sold the wood, although the connection between a specific tree and a specific piece of wood would be very hard to prove.

 

The reason I'm so familiar with this btw is because I have no tickets but periodically fell and mill trees for my own use, using my household contents insurance, and keep a letter of confirmation that this is acceptable from my insurers (I need it for access to some sites - wildlife trusts for example).

 

Alec

Edited December 26, 2012 by agg221

[HCR]

Oddly enough, no. You're still allowed to kill yourself in as many interesting ways as you see fit, and you're still insured if your stupidity causes damage to others or their property. No certificates necessary (you don't even have to be certified stupid!). I periodically confirm this with my insurers, last did it about a year ago, and still all fine.

 

Basically, HSE start to care about it as soon as payment (hire or reward) is involved. It's not seen as payment if you fell a tree for your own use. It would be if you were felling the tree and then sold the wood, although the connection between a specific tree and a specific piece of wood would be very hard to prove.

 

The reason I'm so familiar with this btw is because I have no tickets but periodically fell and mill trees for my own use, using my household contents insurance, and keep a letter of confirmation that this is acceptable from my insurers (I need it for access to some sites - wildlife trusts for example).

 

Alec

 

Thanks for that info, that's interesting and good to hear - straight from the horse's mouth as it were.