Below is what farmers are legally required to do if they deposit mud etc on a road. If a farmer in your area does not adhere to this rules you may complain to the police on non emergency number 101 and the local council who have responsibility for highways. Do everything possible to prevent mud being deposited on the road. This includes cleaning mud from vehicles, as far as practicable, before they are taken onto the road. The fact that cleaning mud off tractors and attachments is commercially inconvenient may not be a defence in law. Clean the road as necessary during the working day and always at the end of the working day. Ensure that labour and equipment is available and is suitable for the soil and weather conditions present. Where a contractor is used, ensure that prior agreement is reached on who is responsible for mud on road issues (signage, cleaning etc) and ensure that adequate public liability insurance is in place. Highways Act 1980 Section 161 “If a person, without lawful authority or excuse, deposits anything whatsoever on a highway in consequence of which a user of the highway is injured or endangered, that person is guilty of an offence”. Furthermore, the Road Traffic Act 1988 covers situations where a mechanically propelled vehicle is driven dangerously on a road. Driving dangerously can include driving a vehicle in a state that could cause danger to others. Punishment for these offences ranges from fines to imprisonment.
Posted on: Thu, 20 Mar 2014 21:12:01 +0000