“I had an incident recently with a cyclist while hunting my cows out on to the public road. I had let the cows out the gap when a cyclist appeared out of nowhere followed swiftly by a group of three more. I put up my hand to try and stop him as the cows had already started to leave the field but he shouted obscenities at me and kept going which frightened the cows and set them off running with one cow damaging her leg in the process. I was very shaken up after the incident. Was I right to try to stop the cyclist? What should I do in future?”

As a farmer and a member of a cycling club myself, I am acutely aware of the need for cyclists to respect other road users. While the majority of cyclists adhere fully to the rules of the road, unfortunately there will be one or two cyclists who do not on occasion, but I suspect that the other members of the group were as upset and disappointed by that cyclist’s behavior as you were.

If there was a group of cyclists out together it is likely that the cyclist is a member of a cycling club, and I would suggest that you make a complaint to the cycling club and request an apology. Often members of the club wear jerseys with the name of the club on it. Perhaps enquire with neighbours as to whether they know the name of the club. There is a good chance the club may use that route again so make enquiries as to who is in charge the next time they roll round.

Rules of the road

Cyclists, like all road users, must obey the rules of the road. Cycle clubs request that all cyclists obey the rules of the road, and respect other road users, whether they be drivers, other cyclists, persons in charge of animals, pedestrians or motorcyclists. At its most basic, there are three fundamental rules which all users of the road must adhere to as follows:-

  • Always be able to stop within a distance you can see to be clear. You need to control the car or other vehicle, eg bicycle, to the extent that you can stop without causing a problem for anyone else on the roadway. The rule means you must be at all times vigilant and exercise due care and attention.
  • Always have due regard to prevailing road conditions, paying close attention to weather, type of road, condition of road, time of day, nature of the lighting etc.
  • Always have due regard to other road users. You need to take account of all of the variables you will face in any given journey – the number of cars, the speed of the traffic, are there pedestrians, cyclists, animals? What are they doing? You cannot predict or assume you have priority – you need to make full allowance for all others on the road.

    • In relation to animal traffic, the rules of the road specifically provide that road users should always slow down and be prepared to stop when approaching or overtaking animals. If a person in charge of animals gives a signal to slow down or stop, the road user must obey it.

    Road users should avoid using noise (horn, bell, etc) if animals are in front of them, as it might frighten them. While it is common to see warning signs for animals such as cattle crossing, it is not obligatory to have such a sign in place.

    Consequently you were entitled to stop the cyclist and he should have obeyed your signal.

    However, a person in charge of an animal being driven along or on to a road also has duties such as a duty to take all reasonable steps to ensure that (a) the animal does not obstruct other traffic or a pedestrian and (b) that except when being driven to or from land or premises, the animal is not on a cycle track or footway and (c) that traffic overtaking the animal has room to do so in safety.

    However, it is worth noting that a failure on a road user’s part to observe any provision of the rules of the road shall not in itself render that person liable to criminal or civil proceedings. Thus in an action to recover compensation for injury to an animal, for example, the fact that the cyclist did not obey the rules of the road, specifically your signal to stop, can not be relied on in an action to hold that cyclist liable for the injury to that animal.

    Insurance

    Many cyclists are members of a cycling club and a precondition of membership is that the cyclist must have insurance. By way of illustration, the cycling club of which I am a member requires every member to join Cycling Ireland, which is the national governing body for the sport of cycling in Ireland.

    All Cycling Ireland members have personal accident and public liability insurance by virtue of their membership of Cycling Ireland. This insurance will cover cyclists when they are out training or taking part in approved Cycling Ireland events. Public liability insurance protects registered members and affiliated clubs against claims by third parties for property damage and/or bodily injury as a result of any negligence on the part of the affiliated club and/or its registered members. The current limit of indemnity is €7.5m. Consequently, the cyclist may have insurance to cover a potential claim of injury caused to your cow by his actions while out training.

    Disclaimer: The information in this article is intended as a general guide only. While every care is taken to ensure accuracy of information contained in this article, Aisling Meehan, Agricultural Solicitors does not accept responsibility for errors or omissions howsoever arising. E-mail ameehan@farmersjournal.ie.