From: Rebecca
Hi Jessica! Thanks for all the thought you put in to helping horses and their people.
A friend and I are new at endurance and competitive trail, and I'm wondering if our method of conditioning is appropriate. I am from eastern North Dakota, where the land is absolutely flat, and except for roads, is almost exclusively farmland. Proper etiquette says NEVER ride across planted farmland! During the summer when crops are in the fields, the only place to ride is the ditches of roads. We live near a state highway, and often travel on the shoulder or in the shallow, grassy ditch. For the safety of our horses and ourselves, of course, we avoid riding on the actual asphalt except in crossing the road at designated intersections.
My question is, are horses allowed on highways, and if so, should they be in the ditch or on the shoulder? I thought that horses were considered pedestrians, and would be allowed to walk along the "wrong" shoulder of the road, unless they are pulling a buggy (with a slow moving vehicle sign), which would classify them as a "vehicle", which would go on the "right" side of the road.
I've also been told by a motorist that I should not ride on the shoulder, as it holds up traffic (this is North Dakota... there's not much traffic except on interstate, which of course we avoid!!!).
Also, what should motorists do when encountering a horseback rider on the road? I understand that horses, as pedestrians, have the right of way. I also understand that we are smaller, slower, less visible, and should stay the heck out of the way as much as possible :-). We try to convey the impression that we don't want to cause any trouble. Some drivers ignore us (I think it is an appropriate response); some drivers smile and wave (I always do the same); and some slow way down and pull way over in to the other lane (It's great that they think of us, but I don't think this is safe for oncoming traffic, and is usually unnecessary).
Finally, what is an equestrian to do when "trail" riding, or ditch riding, when a bridge or overpass must be crossed? Not knowing the proper procedure, I have always dismounted and lead my horse across, on the left shoulder of the road as usual. My horse's eyes get big when a vehicle jumps out from under us if we are taking an overpass that crosses interstate, but she always goes where I lead her.
I understand this information may not apply to everyone that reads your newsletter, but for those of us who live in an area where there are no open meadows and very, very few established trails, it's important to know whether our "ditch riding" is infringing on others.
Thank you from my horses and me. Rebecca
But alas, North Dakota is very far from England, and I'm afraid I can't be of much help here. Oddly enough, there's actually no national traffic law in the United States! State laws differ, so you'll have to find out which laws - if any - apply in North Dakota. I suggest that you enlist the help of your county Extension Agent, who may have information on what statutes (again, if any) exist that might apply to horses and riders.
Don't worry about your question not being of interest to others - I'm sure it will be. In fact, I think it's safe to assume that other HORSE-SENSE readers in the States will be moved to investigate their own state statutes. What they will find out is that the situation is different in every state.
I know that New York has a fairly detailed set of statutes regarding horses being ridden or driven on public roads, and I'm familiar with the (much more limited) statutes for a good many other states, but I'm not aware of any statutes at all for North Dakota. That isn't unusual, by the way - as far as I can determine, the only relevant statutes in my own state are those that make it illegal for us to feed horses on a public highway or unload them at a rest stop and/or take them into a building at a rest stop. There's not a word about riding on public roads.
So as far as I can tell, your riding on public roads (which, I believe, would include the shoulder at least, and possibly the ditch as well - "highway" includes the road, the shoulder, and the ditch) isn't infringing on anyone else's rights, although it may be putting you and your horse at risk.
From a practical standpoint, you may be safer on the shoulder than in the ditch, simply because you are able to see where your horse is stepping. Ditches tend to collect odd bits of debris, including the aluminum cans and glass bottles that certain motorists fling out of their cars. But if your local ditches are shallow and wide and kept mowed, and if you're in a low-traffic area where drivers are less free with their bottle-flinging, the ditches might be an excellent alternative to riding on the shoulder of the road.
You should probably find out whether you are actually considered a pedestrian when you are on horseback. I don't think that's a safe assumption to make. As I understand the vehicle codes - which, by the way, regulate persons rather than vehicles - you would be classified as a driver, since the codes distinguish between (a) persons on foot and (b) persons who operate vehicles with wheels AND those who are riding or driving horses. So a horse might actually count as a "vehicle" - although not as a "motor vehicle", which is just as well, considering the requirements of licensing and certification and insurance that are involved when you want to take any motor vehicle on the road. North Dakota, for instance, has very specific rules about snowmobiles and ATVs.
It's my understanding that bicycle-riders are considered to be drivers of vehicles as long as they are actually riding their bicycles, and are supposed to follow the laws that apply to drivers of motor vehicles. However, when they are walking with their bicycles, they are - AFAIK - considered to be pedestrians and are supposed to follow the laws that apply to pedestrians. It's possible that horse-riders are regarded in the same way, that is, drivers as long as they are ON the horses, and pedestrians when they are walking next to their horses, leading them. But you'll need to find out where North Dakota stands on this - again, your Extension Agent might have that information.
Right, then. Those are all the things I can't tell you - but perhaps the above thoughts will let you take a list of useful questions to your Extension Agent. If you find out the answers, I hope you'll tell me. ;-)
What I can do, absent actual information about your state statutes, is to give you some general suggestions about sharing roads with motor vehicles.
Much of the time, I don't think it will really matter what the statutes are - not in the sense that you should deliberately disobey any statutes that exist, of course, but in the sense that even if such statutes DO exist and are very clear about what a rider can and can't do legally in terms of riding on public roads, you can't assume that drivers will be at all aware of those rules. You will need to use your good judgement and "ride defensively", assuming NOTHING about the horse-knowledge or legal awareness of the drivers you encounter. I rarely ride on public roads in the States, but I do a good deal of driving here, and I find it safest to operate with this working assumption: All other drivers on the road are crazy, drunk, hung over, talking on the phone, watching television, disciplining their children in the back seat, or just about to have their brakes fail or their tires blow out. When you're on a horse instead of inside a car, it's even more important to assume the worst and exercise extreme caution at all times, because in a car-horse collision, the horse and rider will tend to sustain more severe damage than the driver of the car - and this is true whether the car hits the horse or the horse hits the car.
So for safety's sake, don't assume that (a) you have the same rights as a pedestrian, or that (b) the drivers will realize or assume or care that you have any rights at all. Also, you may want to review the "Rules of the Road" for your state - and take a close look at the section on "right of way" for pedestrians. It's often the case that pedestrians have the right of way ONLY in crosswalks, and must yield everywhere else.
What can you do to stay safe on the road?
First, find roads that have minimal traffic and/or slower traffic - and those with very wide shoulders and shallow, flat ditches. Your technique for negotiating overpasses and bridges seems very sensible to me. In an emergency - say if your horse panics whilst crossing an overpass, and rears and tries to run - you would want to separate yourself from the horse as quickly and safely as you possibly could. I should think that in that situation, you'll be much safer on the ground, leading the horse, than you would be on the horse's back.
Second, ride carefully, avoid foggy or rainy days, and wear high-visibility clothing, complete with lights and reflectors. Think of it as "Neon Girl and Her Horse Flash Go For A Ride". As part of the little first-aid kit that every rider should carry when away from home base, take your cell phone with you - you don't have to accept incoming calls, you can keep it turned off unless you need to use it, but assuming there's adequate service in your area, it's a good thing to have on hand.
Third, try making friends with local farmers. There's more to most farmland than miles of uninterrupted crops - most farmland includes access roads and paths for farm vehicles and heavy equipment. It can't hurt to meet your neighbours and ask for permission to ride on their property. Some farmers are very generous, allowing riders to use their roads and paths while the crops are in the field, and permitting riders to take horses into the fields during the period between harvest and spring planting. If they say "NO" because they've had bad experiences in the past, or because they aren't willing to assume the insurance risk, or indeed for any reason at all, you'll have to understand and accept their decision, but it can't possibly hurt to ask. If they say "YES", homemade pie is a traditional "thank you".
Finally, you should get in touch with the AERC (American Endurance Ride Conference, www.aerc.org) and NATRC (North American Trail Ride Confernece, www.natrc.org) and also get in touch with the local Back Country Horsemen or whatever equivalent organization may be in your area. Your Extension Agent should have contact information for all of the local and state horse organizations. There may be organized rides in which you can participate, and there may even be trails somewhere else. You and your friend may be able to trailer your horses to an area better-suited for riding and conditioning.
Good luck, and I do hope this helps!
Jessica
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