Instruction .

[treequip]

I think that would a bad move in as much as I am not and never have been an NPTC instructor . I am favoring the explaining what I am doing as I go and only taking payment for the felling and not for any possible " instruction " . ?

 

It matters not that you aren't an NPTC instructor, its the standard you are teaching to that's significant.

 

The not for reward idea isn't going to remove your liability

[skyhuck]

If a person has some driving lessons and then has a car accident is the driving instructor liable ?/

 

No, because they are "qualified" to train, so very unlikely to do anything that leaves them liable to be found "negligent", plus they will most likely have the required insurance to defend ant claim that could follow.

[bob]

No, because they are "qualified" to train, so very unlikely to do anything that leaves them liable to be found "negligent", plus they will most likely have the required insurance to defend ant claim that could follow.

 

If by how the driving instructor trained them was a integral part of the accident then yes they are liable.

Obviously they do carry professional indemnity insurance.

Thoughts

[agg221]

No, because they are "qualified" to train, so very unlikely to do anything that leaves them liable to be found "negligent", plus they will most likely have the required insurance to defend ant claim that could follow.

 

Not necessarily. You are allowed to take someone out in your car under your supervision so long as you meet the age requirement and have held your licence for long enough. In that case, you have no additional 'qualification' and have no specific insurance to cover you.

 

The non-professional chainsaw user has a problem, in that there are few options for some basic, sensible instruction at a realistic price, since the professional route in effect requires a series of tickets to be obtained which represent a substantial investment. Agreed, there are some options such as Jonesie's course, but they are limited and may not relate to what the user wants to do. In my view it's a sensible request to learn by observing a professional - consider the person asking for the input is under no obligation to obtain any pointers at all.

 

The process of talking through what you're doing, as you're doing it (so long as it's good practice!), and ensuring that at the end of it the person is fully aware that they have not received formal training, and are not 'qualified' in any sense would appear to be pretty clear, but in reality they are probably much better informed and aware of things not to attempt.

 

For what it's worth, there is no qualification needed in providing private tuition in other fields - you get clients if you're a good tutor and if you're not, you don't. I'm not aware of anyone ever successfully pursuing someone over a failure to pass an exam following tuition.

 

Alec

[Spruce Pirate]

The non-professional chainsaw user has a problem, in that there are few options for some basic, sensible instruction at a realistic price, since the professional route in effect requires a series of tickets to be obtained which represent a substantial investment. Agreed, there are some options such as Jonesie's course, but they are limited and may not relate to what the user wants to do. In my view it's a sensible request to learn by observing a professional - consider the person asking for the input is under no obligation to obtain any pointers at all.

 

The process of talking through what you're doing, as you're doing it (so long as it's good practice!), and ensuring that at the end of it the person is fully aware that they have not received formal training, and are not 'qualified' in any sense would appear to be pretty clear, but in reality they are probably much better informed and aware of things not to attempt.

 

For what it's worth, I think this is very true. Provided you are only showing someone how you work to industry best practice and that they understand they are not being "trained/instructed" I don't see how you can be held liable. I might be tempted to get to know the individual a bit first though, to make sure they're not a complete half-wit, or didn't get the money to but the woodland by suing their driving instructor following a shunt.

[agg221]

I might be tempted to get to know the individual a bit first though, to make sure they're not a complete half-wit, or didn't get the money to but the woodland by suing their driving instructor following a shunt.

 

Fair point

[cannonball]

A local mower service chap has given my phone number to a chap who has just acquired some wood land local to me . The chap has called me asking if I will fell a " couple " of trees ( all Scots pine he tells me , must be a plantation ) and then tell him what he needs to know to cut them up . Now I , in the distant past , have tickets but nothing that says I can instruct , teach , any one . If I told / showed him the basics and he ended up hurting him self would I be liable . Obviously I must charge for my time . Whats the score here my friends ??

 

I'd advise him to go on an 'occassional chainsaw users' course. That way the training you may offer doesn't conflict with the business of you felling for him. I would'nt want any grey areas having showed someone how to use a chainsaw. He would probably enjoy the course anyway

[Shane]

You could tell him about the domestic user course they run (or used to) at Brinsbury.

 

Hiring yourself out for a day or two to fell some trees would be fine.

If he watches closely what you do (and receives no actual training and tells you he will get trained elsewhere) you should be OK. You've just done some professional work for a client. If he choses to carry on himself without getting trained thats up to him. If he's domestic HASWA legislation does not apply. It does apply to what you do for him while being paid - hence you shouldn't train him - just do some felling.

 

You'd also be obliged to tell him all about PPE before he can attend a course.

[Stubby]

Thanks every one for all your advice and input . I will consider them all .

[Ant-h83]

If it came to it you could write up some kind of disclaimer saying its not certified training and you hold no responsibilities, if its signed and dated by both parties you should be covered but there could be a whole load of paperwork to cover your ass, would it be worth it is the question? :-)