Know Your Responsibilities For Mud On Rural Roads

Depositing Mud On The Road Is An Offence Under The Highways Act

CONSIDER the potential damage from wet mud on the road, says NFU Mutual, which this week revealed in the last three years, claims for deaths and serious injuries caused by mud amounted to £11.5 million.

The rural insurer has warned that, as winter approaches, extra care is needed to ensure mud is not left on the highway by tractors, trailers, harvesters and other vehicles.

NFU Mutual’s John Kenny says it is very often driver error or excess speed which cause accidents from skidding on mud, but it is far better to avoid the risk.

“While most farmers are keenly aware of the risks associated with mud on roads, there is still some confusion about the law in this area, and farmers’ responsibilities to other road users,” he says.

Mr Kenny points out that depositing mud on the road is an offence under the Highways Act.

“It is the legal responsibility of the farmer to ensure every precaution is taken to avoid any mud being carried off the field,” he says. “Accepting that in cultivating and harvesting operations, some mud will inevitably end up on the road, it is important to make arrangements to remove it immediately.”

“If mud is left on the roads, warning signs should always be used to alert motorists to the potential hazard.”

NFU Mutual’s road guidelines

Clean mud from vehicles, as far as is practical, before they are taken on roads
Be prepared to hire in equipment to clean up accidentally deposited mud - check availability in advance
Keep to your own farm roads and minor roads whenever possible
Keep to low speeds - especially when travelling short distance - to help retain mud on vehicle tyres
Keep a written record of your decisions on whether or not to deploy signs and/or to clean the road
If there is a danger of mud being accidentally deposited on roads, use authorised ‘slippery road’ signs with a ‘mud on road’ sub-plate to alert other road users
Make sure signs are positioned to give maximum visibility and warning to other road users
Clean the road as necessary during the working day and always at the end of the working day
Ensure staff and equipment suitable for the soil and weather conditions are available in case a ‘clean up’ is needed
Where using contractors, ensure that prior agreement is reached on who is responsible for mud on road issues, such as signage and cleaning

Source: Farmers Guardian (08/10/2010)