farm spilling mud onto public road
farm spilling mud onto public road
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xjay1337

Original Poster:

15,966 posts

148 months

Friday 29th January 2016
quotequote all
Hi, not sure of the legal standpoint on this.
On my way to work there is a farm which is spread out over a couple of fields with a public road inbetween the two fields.
There are various exists from the field / farm along the road. at each exit/entrance there is lots of mud on the road (I'm talking huge chunks and it soils the whole road).
in my car even at slow speed I can feel the severely reduced grip.

i only ask as there are several motorcycles which use the road and i too intend on getting back on 2 wheels and riding to work every so often and think it's a bit careless of the farm to muddy up the whole road.

i was wondering on the legal standpoint of the farm to clean the tyres / tractors as they leave the muddy fields before they leave a trail of thick mud all down the road.

Gareth79

9,103 posts

276 months

Friday 29th January 2016
quotequote all
They should be cleaning the mud off before driving on the road:

http://www.nottinghamshire.police.uk/advice/mud

"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."

Might also be a matter for the council highways department?

tvrgit

8,490 posts

282 months

Friday 29th January 2016
quotequote all
The Highways Act 1980 makes it an offence to deposit mud and other things onto the Highway (S148). In addition the Act provides that 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, then he is guilty of an offence (S161).

If mud is deposited on the road then a local authority has the power under the Highways Act to give notice to require the person who deposited it there to remove it.

V8A*ndy

3,703 posts

221 months

xjay1337

Original Poster:

15,966 posts

148 months

Friday 29th January 2016
quotequote all
I see.

Yeah, that could be true. Is that true across the UK or only specific to certain counties?

Here's the road and the worst section (obviously it's clean on Google Maps).

https://www.google.co.uk/maps/@51.4683183,-2.15213...


The Tractors go between that field, and further up towards the main road, the farm entrance on the right hand side.


https://www.google.co.uk/maps/@51.4692172,-2.15154...



skodaphile

152 posts

187 months

Friday 29th January 2016
quotequote all
Following with interest, although I kinda signed up for having my car permanently covered in crap by moving to the sticks...and I get on ok with the local farmers. They do, however, often leave inches of mud on the road, even on the A road rolleyes

To give an idea how bad it gets, I have seen them scraping it up with a telehandler bucket before now.

Red Devil

13,526 posts

238 months

Friday 29th January 2016
quotequote all
V8A*ndy said:
Another one - http://www.impartialreporter.com/news/13862548.Far...

Some from this side of the Irish Sea.
http://www.westernmorningnews.co.uk/Farmer-fined-l...
http://www.herefordtimes.com/news/10021153.Police_...
http://www.fwi.co.uk/news/farming-firm-fined-after...

Unfortunately some farmers don't give a stuff about the actions of their hands/contractors.
This incident should serve as a warning. The consequences can be fatal.
http://www.bbc.co.uk/news/10377971


jas xjr

11,309 posts

269 months

Friday 29th January 2016
quotequote all
Report it to the police. When I worked in construction we had a roadsweeper in use most days. If the roadsweeper was not in use the police would be there the same day.

Morningside

24,147 posts

259 months

Friday 29th January 2016
quotequote all

PurpleMoonlight

22,362 posts

187 months

Friday 29th January 2016
quotequote all
I find it very annoying, especially when on the bicycle.

I suppose the trouble is proving who was driving the vehicle at the time in most instances.

xjay1337

Original Poster:

15,966 posts

148 months

Friday 29th January 2016
quotequote all
jas xjr said:
Report it to the police. When I worked in construction we had a roadsweeper in use most days. If the roadsweeper was not in use the police would be there the same day.
Really?
Phone up and complain? I'm guessing the local constabulary.

Should I contact the farm directly?

Moderator edit: no naming & shaming please.

Edited by jeremyc on Friday 29th January 13:01

Morningside

24,147 posts

259 months

Friday 29th January 2016
quotequote all
Is it true that by law they have to have a sign "Mud on road" to cover themselves or is that a myth?

Shaw Tarse

31,900 posts

233 months

Friday 29th January 2016
quotequote all
Morningside said:
Is it true that by law they have to have a sign "Mud on road" to cover themselves or is that a myth?

speedking31

3,951 posts

166 months

Friday 29th January 2016
quotequote all
Morningside said:
Is it true that by law they have to have a sign "Mud on road" to cover themselves or is that a myth?
A myth gleefully encouraged by councils sticking official "Slippery road" roadsigns near every junction, even on newish roads, so they don't have to maintain them and can use the signage as an excuse for dodging any responsibility if there is an accident.

SonicShadow

2,452 posts

184 months

Friday 29th January 2016
quotequote all
V8A*ndy said:
"A lawyer for McCollum said an "unfortunate combination" of large agricultural machinery and November weather had caused the situation."

Unfortunate combination? Hardly unexpected weather, is it laugh

anonymous-user

84 months

Friday 29th January 2016
quotequote all
tvrgit had it right way up there... ^^^

Email the highways department, or use their website to "report a defect". Mud on the road is taken seriously by some authorities. If the farm won't clean it, the authority can, and recharge the farm.

xjay1337

Original Poster:

15,966 posts

148 months

Friday 29th January 2016
quotequote all
Ok, I'll find a contact info for the local authorities.
The issue I find is mainly during bad weather, it's OK in the summer when there ground is more compact but it's basically a pete-bog.

jas xjr

11,309 posts

269 months

Friday 29th January 2016
quotequote all
My experience is limited to leamington spa. Our problems were due to an unreliable roadsweeper. They would visit my office but it was a very softly softly approach and we were ,mostly on top of it.

trickywoo

14,236 posts

260 months

Friday 29th January 2016
quotequote all
jas xjr said:
Report it to the police.
Many years ago I had a similar situation to the OP. In my case the farmer could have used his own fields to transit machinery but choose to use the road instead. It was in a dreadful condition for weeks with very thick mud. Besides what it did to cars it was dangerous.

I reported it to the police and was treated very rudely and unprofessionally. Lost my respect fo the police that day, I was young.

It would be nice to think things have changed but I doubt it.

deadslow

8,795 posts

253 months

Friday 29th January 2016
quotequote all
It will be coming out of the massive tread on the tractor tyres and is just an occupational hazard of living in the country, I would have thought. Not like an urban contruction site.

The countryside is made of mud held together with st.

hehe

Edited by deadslow on Friday 29th January 17:06