Operating your tractor on public road right of way

[JDgreen227]

Compact Tractor Fan notes in a thread below about his tractor toolbox contents, that he carries construction cones when working near the busy road in front of his property, and that made me wonder... I am sure many of the TBN members have their tractors insured under their homeowner policies, which, like mine, probably state: "Coverage is provided for motorized vehicles not licensed for road use, and which are used to service the insured's premises."

I interpret that as meaning insurance coverage for me and my tractor is not valid once I take it off my property. So, if I am mowing the road right of way out front, or picking up trash to put in the FEL bucket, and some moron runs into me, am I responsible for the accident, or is the driver of the car? Since I am not actually on the road itself, I think the driver would be held at fault. Thanks for any input.

 

[ducks13]

I am no expert but it would be the same as operating a push mower. Your tractor isn't licenced for the street but you still may operate it there.

 

[texasjohn]

Am no expert, I anticipate that the answer would be subject to interpretation which likely would be finally answered by a judge/jury evaluating the particulars regarding an incident which I certainly hope you NEVER have.

Factors involved in any legal matter would likely involve the following"

Were you operating the equipment in a manner that would generally be considered "safe?"

Was your safety equipment fully operative, all required signs (SMV), blinkers, etc operating.

Can you prove you used the equipment "to service your premisis?"

were you negligent in any way and did this contribute to or cause the accident.

 

[JDgreen227]

Am no expert, I anticipate that the answer would be subject to interpretation which likely would be finally answered by a judge/jury evaluating the particulars regarding an incident which I certainly hope you NEVER have.

Factors involved in any legal matter would likely involve the following"

Were you operating the equipment in a manner that would generally be considered "safe?"

Was your safety equipment fully operative, all required signs (SMV), blinkers, etc operating.

Can you prove you used the equipment "to service your premisis?"

were you negligent in any way and did this contribute to or cause the accident.

I too hope I never find out. I clear snow for many of my neighbors, both elderly and public safety officers, (2) and sometimes push snow across the road to clear their driveways properly. Although I always have headlights and OEM warning flashers working while on the road or right of way, as well as having an amber add-on flasher attached to the rollbar while clearing snow, as well as using an SMV sign full time, I NEVER drive down the road the 1/8 mile distance (max) to my neighbors homes unless there is no other traffic present.
And while either mowing my own property, or clearing snow, I exercise so much caution that there is no reason for a passenger car or truck to slow or swerve to avoid me.

My cop neighbor says most police understand the need for farm equipment to operate on the road, however, a CUT used to mow your lawn isn't given the same leeway. If you are involved in, or contribute to an accident, you will be asked to show "good cause" for being on the roadway.

 

[Don87]

I've thought about this also(as my tractor is covered under homeowners)My property marker is 3 inches from the paved township road. I 'think' I would be ok.

 

[JDgreen227]

I've thought about this also(as my tractor is covered under homeowners)My property marker is 3 inches from the paved township road. I 'think' I would be ok.

Here in Michigan (at least in my Township) your property depth is measured from the centerline of the public road out front. My feelings are, since you are paying property taxes on an area INCLUSIVE of that public right of way, it should be considered a part of your property.

 

[Don87]

Here in Michigan (at least in my Township) your property depth is measured from the centerline of the public road out front. My feelings are, since you are paying property taxes on an area INCLUSIVE of that public right of way, it should be considered a part of your property.

That's usually the way it works here also, but the township kinda screwed up when they put the road in.

They are several feet fom the property across the road.

 

[tungularafishcamp]

I think an incident like that would be just like any others in the court system. It is the fault of the person with the worst liar(lawyer):laughing:
Rick

 

[Don87]

I think an incident like that would be just like any others in the court system. It is the fault of the person with the worst liar(lawyer):laughing:
Rick

:thumbsup::thumbsup::thumbsup:

 

[Soundguy]

Compact Tractor Fan notes in a thread below about his tractor toolbox contents, that he carries construction cones when working near the busy road in front of his property, and that made me wonder... I am sure many of the TBN members have their tractors insured under their homeowner policies, which, like mine, probably state: "Coverage is provided for motorized vehicles not licensed for road use, and which are used to service the insured's premises."

I interpret that as meaning insurance coverage for me and my tractor is not valid once I take it off my property. So, if I am mowing the road right of way out front, or picking up trash to put in the FEL bucket, and some moron runs into me, am I responsible for the accident, or is the driver of the car? Since I am not actually on the road itself, I think the driver would be held at fault. Thanks for any input.

i'm no lawyer.. but look at thes epoints.

In most areas , the ROW is YOUR property with an EASEMENT to the govt or utility or both..

my survey shows I own tot he road... I can't do anything closer than 25' of it though due to the easement granting ROW to the utility and county though.

also.

lets say you own a parcvel of land down the road. check to see if your policy covers transportation to/fro.

Mine does ( check yours though ).

I can road my tractor to my other property to work on it. just no for hire / comercial stuff.

I use the flasher lamps, SMV triangles, and fully occupy my lane of travel. none of that half on half off stuff.

standard disclaimer.

check your local and state laws, dot, insurance.. yada, yada.. what works for me in my state with my insurance might not work for you or anyone else.. etc.. etc.. YMMV... CYA

soundguy