Are BT responsible for maintaining their lines to be kept clear?

[Alinicoll]

Hi Steve, It is a sizable text, and by the look of it it was done on a manual typewriter!

 

 

Page 126 covers tree looping.

 

 

In a nutshell:

 

Page 126 c. 12 Telecommunications Act 1984

 

Sea. 2

 

(3) If the operator contravenes the requirements of this paragraph

he shall be guilty of an offence and liable on summary conviction

to a fine not exceeding level 2 on the standard scale.

(4) In any proceedings for an offence under this paragraph it shall

be a defence for the person charged to prove that he took all reasonable

steps and exercised all due diligence to avoid committing the

offence.

 

 

Tree lopping

 

19.--(1) Where any tree overhangs any street and, in doing so,

either-

(a) obstructs or interferes with the working of any telecommunication

apparatus used for the purposes of the operator's system, or

 

(b) will obstruct or interfere with the working of any telecommunication

apparatus which is about to be installed for those purposes.

 

the operator may by notice to the occupier of the land on which the tree is growing require the tree to be lopped so as to prevent the obstruction or interference.

 

 

(2) If within the period of 28 days beginning with the giving of the notice by the operator, the occupier of the land on which the tree is growing gives! the operator a counter-notice objecting to the lopping of the tree, the notice shall have effect only if confirmed by an order of the court.

 

 

(3) If at any time a notice under sub-paragraph (1) above has not been complied with and either-

 

(a) a period of 28 days beginning with the giving of the notice

has expired without a counter-notice having been given, or

 

(b) an order of the court confirming the notice has come into

force,

 

the operator may himself cause the tree to be lopped as mentioned

in sub-paragraph (1) above.

 

 

(4) Where the operator lops a tree in exercise of the power conferred by sub-paragraph (3) above he shall do so in a husband-like manner and in such a way as to cause the minimum damage to the tree.

 

 

(5) Where-

 

(a) a notice under sub-paragraph (1) above is complied with either without a counter-notice having been given or after the notice has been confirmed, or

 

(b) the operator exercises the power conferred by sub-paragraph (3) above,

the court shall, on an application made by a person who has sustained loss or damage in consequence of the lopping of the tree or who has incurred expenses in complying with the notice, order the operator to pay that person such compensation in respect of the loss, damage or expenses as it thinks fit.

 

This is also useful: BT Cables, Telegraph Poles & Trees - Tree Consultant

[SteveA]

This is also useful: BT Cables, Telegraph Poles & Trees - Tree Consultant

 

...and thanks for that link

I read that as "BT would need to give us at least some compensation to the owner of the tree." Is that right?!

[Alinicoll]

I think it`s only "such compensation ... as it thinks fit."

 

Charles Mynors say "... where a pole or wire is on or over a private garden or other land, presumably the operator is reduced to negotiating with the owner. It might well be that in those circumstances an operator would endeavor to be guided by the code on a non-statutory basis; and the landowner would be well advised to do the same."

 

In short the law is vague. I`m no expert. Whilst you are acting as a responsible person by being aware of the condition of the cables perhaps be careful invoking statute.

 

Whilst BT may for example be able to bill you for damage, whether they can compel you to pay may be another matter. I`m just speculating. The acts are not clear and I`m just reading words out of books

[elliott EGD]

...and thanks for that link

I read that as "BT would need to give us at least some compensation to the owner of the tree." Is that right?!

 

Haveing worked for bt for 7 years carrying out tree cutting i have never herd of it hapaning exsept in cases of bad workmanship from other contractors

[elliott EGD]

Thats happened to us in work twice over last few years, the engineer said they wouldn't do an work on the trees because it wasn't their responsibilty so would wait till they rubbed through again. Crazy.

 

We still meet alot of engineres that dont know that bt have tree cutting contractors

[elliott EGD]

There doesn't seem to much consistency does there?

I have done loads of work for people with dodgy lines that BT have insisted is their res. nsibility because they own the trees that did the damage.

The last BT engineer I worked on site with said the only exception was squirrel damage....

 

 

Sent from my iPhone using Arbtalk

 

There is a lot of inconsitancy between areas squirrel damage creates a load of faults but not as many as tree rubs they only order tree cutting on falt jobs Theres no preventative work

[Mat]

...and thanks for that link

I read that as "BT would need to give us at least some compensation to the owner of the tree." Is that right?!

 

'Compensation' would, at very least, depend on who it is who thinks the trees need cutting.

 

If it is you, rather than B.T. that thinks the trees should be cut, I don't see that B.T. would have an obligation to compensate (although they could give you some cash out of the kindness of their hearts).

[Mark Bolam]

Hey thanks Mat, that's a great help. We'll try speaking with BT in the week, and post the results here next year. Cheers, Steve

 

Fixed that for you bud.

 

 

Sent from my iPhone using Arbtalk

[eggsarascal]

Fixed that for you bud.

 

 

Sent from my iPhone using Arbtalk

 

You should've added, if your lucky, to that Mark.

[elliott EGD]

'Compensation' would, at very least, depend on who it is who thinks the trees need cutting.

 

If it is yo. rather than B.T. that thinks the trees should be cut, I don't see that B.T. would have an obligation to compensate (although they could give you some cash out of the kindness of their hearts).

 

I would verry much doubt you would recive any think as a tree owner you have a responceability to maintain your trees as you would have if they over hung a road

 

and bt have. A right to maintain there plan just as any other Emenity .