Equines and traffic regulations

• Article 4 of the declaration of human and civic rights : « Liberty consists in being able to do anything that does not harm others: thus, the exercise of the natural rights of every man has no bounds other than those that ensure to the other members of society the enjoyment of these same rights. These bounds may be determined only by Law. »
• Article 17 of the declaration of human and civic rights : « Since the right to Property is inviolable and sacred, no one may be deprived thereof, unless public necessity, legally ascertained, obviously requires it, and just and prior indemnity has been paid. »
• Article L2212-2 of the general local authorities code : «  The purpose of the Town police is to ensure public law and order, safety, security and  salubrity ».
• Article R412-44 of the highway code : « Any animal alone or in a group should have a driver »
• Article L2213-4 of the general local authorities code : « The mayor may, by local decree where necessary, forbid access to certain roads or portions of the town to any vehicle of a nature to disturb public tranquility, the quality of air, the protection of animal and plant life, the protection of natural areas, lanscape or sites or their enhancement for aesthetic, ecological, agricultural,forestry or touristic reasons. Moreover in these sectors, the mayor may, by local decree where necessary, implement specific provisions regarding times of access to certain places and regarding acceptable noise levels for activities on the public roads, with the exception of those activities deemed to provide a public service ».

Feedom of movement is a fundamental liberty. The prnciple is therefore the right to circulate and travel freely. The horse, whether ridden or harnessed, is considered as a « vehicle ». As such, the horse is subject to the obligations of the highway code. Circulating on horseback is subject to certain specific rules.

In the public domain

Free movement is the basic principle in the public domain, particularly the roads. The rule concerning the public domain for public usage, is the rule for collective use, depending of course, on the intended use of the public asset (the horse being considered as a vehicle should not use the pavements for example).

In the private domain

Freedom of movement, for example on country lanes, is generally the case, except when there is a ban for riders..

On private property

Opening or closing premises to the public depends on the owner’s will. Either the owner wishes to close his lane to the public, he should then fence it off, or put up an unequivocal signpost ; or he wishes to open it to the public, in which case the absence of fencing or signposts can lead to presume that the lane is open to the public, despite the fact tht the owner may close it off at any time.

The right to circulate is not without restrictions. Different reasons can justify measures to restrict the right to freedom of movement, the measures can restrict or can deprive of this liberty. Over and above the obvious respect of private property, the other reasons are based on two factors : maintaining public law and order, and protection of the natural environment. These restrictive measures are usually taken by the local police authorities (either the mayor or the prefect).

Respecting law and order is a result of the application of article L2212-2 of the General local authorities Code, which stipulates that the authority given to the police forces ensures public health, safety, tranquility and salubrity. As an example, a local decree can restrict the access to a beach for riders (time of year, time of day), or even forbid access. However, regarding the policing, it should be remebered that « liberty is the rule, and restriction the exception ». Police measures should therefore be necessary, adapted and in proportion to the situation which is the object of the restriction. A mayor who decides to forbid access to a beach for riders at a certain time of year, and at certain times of day, will need to justify his decisison.

Protection of nature can also justify certain restrictions to the freedom of movement principle. According to article L2213-2 of the General local authorities code, the mayor can, regarding the necessities of circulation and the protection of the environment, forbid access to certain types of the town’s roads at certain times or reserve their access to certain categories of user or vehicle.
In addition to the restrictions which can be taken by the local police authorities, some general restrictions have been made to the freedom of movement of horses. Riding on tow paths for example is subject to an autorisation from the French navigable waterways authority, due to the hammering of horses hooves which can weaken the banks. Horses are also forbidden access to dual carriageways and motorways, as they are on playgrounds and military ground.