Depositing Mud on the Road
Discussion
There is a lane near me where two businesses have lorries trooping in and out coating the road with a substantial amount of mud. A few have complained but got nowhere.
Section 8.3 in my DSA book for large vehicles states that it is "illegal to deposit mud on the highway." Can I complain to the police to get it sorted?
Last time I tried I got fobbed off between the Council / Environment Agency / Highways who all batted it between them........
Before I go off "Victoring" again, any advice? Cos I'm not washing any of my "beasts" then going down that road. It means taking a longer route but why should I ?
Ta.
p.s. Local bus company changed route to avoid said lane.......
Section 8.3 in my DSA book for large vehicles states that it is "illegal to deposit mud on the highway." Can I complain to the police to get it sorted?
Last time I tried I got fobbed off between the Council / Environment Agency / Highways who all batted it between them........
Before I go off "Victoring" again, any advice? Cos I'm not washing any of my "beasts" then going down that road. It means taking a longer route but why should I ?
Ta.
p.s. Local bus company changed route to avoid said lane.......
It's for this reason the building contractor near me has the approach road to their new (small) housing estate swept by a road sweeper at least once, if not twice a day.
Keep making a noise, not just for the cleanliness of your paintwork, but for the time your brakes lock-up and you slide into the hedge!
Keep making a noise, not just for the cleanliness of your paintwork, but for the time your brakes lock-up and you slide into the hedge!
Neither Agric/Construct are thanked for leaving crap all over the road
for much the reasons you suggest,
Tippers leaving a site are obliged to ensure they don't leave excessive
shit all over the place, or indeed fling trapped brick from between the twin wheels on the rear axles of their vehicles,
for fear of smashing screens, or bouncing off pedestrians for that matter
Farmers however are a law unto themselves happily depositing shit all over the carriageway to the soundtack of 'the Archers' on their radios.
All tractors and plant (JCB) are also obliged to hold up no more than
say a couple of cars behind them, before they must pull into the side and let them past
I'll get me donkey jacket
for much the reasons you suggest,
Tippers leaving a site are obliged to ensure they don't leave excessive
shit all over the place, or indeed fling trapped brick from between the twin wheels on the rear axles of their vehicles,
for fear of smashing screens, or bouncing off pedestrians for that matter
Farmers however are a law unto themselves happily depositing shit all over the carriageway to the soundtack of 'the Archers' on their radios.
All tractors and plant (JCB) are also obliged to hold up no more than
say a couple of cars behind them, before they must pull into the side and let them past
I'll get me donkey jacket
Edited by rich 36 on Wednesday 13th December 20:02
its not illegal to deposit mud on the road. The offence is to fail to clear it after a reasonable time period.
Its a police matter. Covered under the RTA 1988. The police can require the person to clean it and if they fail they can report the matter.
The people who usualy fall foul of this are travelling fairgrounds. Although they have in recent years got wise to this and brush up.
Simple straight forward bread and butter police work.
Its a police matter. Covered under the RTA 1988. The police can require the person to clean it and if they fail they can report the matter.
The people who usualy fall foul of this are travelling fairgrounds. Although they have in recent years got wise to this and brush up.
Simple straight forward bread and butter police work.
It is an offence in law to deposit mud on the road. Most farmers who do so just place signs, which just shows They are aware of the potentially life threatening offence and is not mitigation.
This information from Wiltshire County Council sums it up.
www.wiltshire.gov.uk/transport/mud-on-the-highway/mud-on-the-highway-guidance.htm
They are liable to a fine, if they do not clear it up. Also if you are involved in an accident caused by mud on the road, you could and indeed should sue those responsible. At least get your insurers to do so. That might stop them doing it again.
This information from Wiltshire County Council sums it up.
www.wiltshire.gov.uk/transport/mud-on-the-highway/mud-on-the-highway-guidance.htm
They are liable to a fine, if they do not clear it up. Also if you are involved in an accident caused by mud on the road, you could and indeed should sue those responsible. At least get your insurers to do so. That might stop them doing it again.
gently bentley said:
its not illegal to deposit mud on the road.
CharlesW said:
It is an offence in law to deposit mud on the road.
Seconds out! RTA88 )cited by gb doesn't appear to say anything specific on this matter - albeit RTA91 modifies it (q.i).
Many highways authorities quote s148 of the Highways Act 1980. The wording of that section is:
If, without lawful authority or excuse-
...
(c) a person deposits any thing whatsoever on a highway to the interruption of any user of the highway,
...
Alternatively, they may cite s137: If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence. Or s161: 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. s149 gives the authorities powers to take action against offenders.
The Road Traffic Act 1991 s6 amends the RTA88 as follows:
6. Before section 23 of the Road Traffic Act 1988 there shall be inserted—
"22A. — 1) A person is guilty of an offence if he intentionally and without lawful authority or reasonable cause—
(a) causes anything to be on or over a road, or
...
in such circumstances that it would be obvious to a reasonable person that to do so would be dangerous.
(2) In subsection (1) above "dangerous" refers to danger either of injury to any person while on or near a road, or of serious damage to property on or near a road; and in determining for the purposes of that subsection what would be obvious to a reasonable person in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.
Hope this helps.
Streaky
Section 161(as amended) Highways Act 1980 - person without lawful authority or excuse DEPOSITS ANYTHING 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. £1000 fine.
Section 149 Highways Act 1980 - anything deposited ona highway as to constitute a nuisance Highway Authority can serve notice requiring it to be moved FORTHWITH.
Is the owner/operator of the lorries using the premises as his Operating Centre?. If so if he is causing a nuisance a letter to the Traffic Commissioners. If he is operating vehicles under C or O Licence, as I understand, it is one of the conditions on an Operating Centre is that nuisance shall not be caused and could lead to revokation of the Licence. (Contact VOSA for more gen on this)
dvd
Section 149 Highways Act 1980 - anything deposited ona highway as to constitute a nuisance Highway Authority can serve notice requiring it to be moved FORTHWITH.
Is the owner/operator of the lorries using the premises as his Operating Centre?. If so if he is causing a nuisance a letter to the Traffic Commissioners. If he is operating vehicles under C or O Licence, as I understand, it is one of the conditions on an Operating Centre is that nuisance shall not be caused and could lead to revokation of the Licence. (Contact VOSA for more gen on this)
dvd
streaky said:
gently bentley said:
its not illegal to deposit mud on the road.
CharlesW said:
It is an offence in law to deposit mud on the road.
Seconds out! RTA88 )cited by gb doesn't appear to say anything specific on this matter - albeit RTA91 modifies it (q.i).
Many highways authorities quote s148 of the Highways Act 1980. The wording of that section is:
If, without lawful authority or excuse-
...
(c) a person deposits any thing whatsoever on a highway to the interruption of any user of the highway,
...
Alternatively, they may cite s137: If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence. Or s161: 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. s149 gives the authorities powers to take action against offenders.
The Road Traffic Act 1991 s6 amends the RTA88 as follows:
6. Before section 23 of the Road Traffic Act 1988 there shall be inserted—
"22A. — 1) A person is guilty of an offence if he intentionally and without lawful authority or reasonable cause—
(a) causes anything to be on or over a road, or
...
in such circumstances that it would be obvious to a reasonable person that to do so would be dangerous.
(2) In subsection (1) above "dangerous" refers to danger either of injury to any person while on or near a road, or of serious damage to property on or near a road; and in determining for the purposes of that subsection what would be obvious to a reasonable person in a particular case, regard shall be had not only to the circumstances of which he could be expected to be aware but also to any circumstances shown to have been within the knowledge of the accused.
Hope this helps.
Streaky
I stand corrected. Its not RTA 1988 its section 95 Roads (Scotland) Act 1984 which does not apply in England. Basically it says its an offence for a person in charge of a vehicle to fail to remove anything that is deposited on a road that is causing or is likely to cause a danger, nuisance, hazard, bla bla bla You get the idea.
The basis of that legislation is that it is not an offence to drop the stuff but it is an offence not to clean it. Police matter.
Davel said:
[quote=rich 36]All tractors and plant (JCB) are also obliged to hold up no more than
say a couple of cars behind them, before they must pull into the side and let them past
Clearly nobody has told them that!
say a couple of cars behind them, before they must pull into the side and let them past
Clearly nobody has told them that!
Quite so,
Its blood annoying, and doubly so as they can usually clearly see the queue behind them,
whereas a farmer perhaps towing something behind him,MIGHT not be aware
Doesn't stop these horn-handed-sons-of-toil doing it though
all the same
scotty2 said:
There is a lane near me where two businesses have lorries trooping in and out coating the road with a substantial amount of mud. A few have complained but got nowhere.
Section 8.3 in my DSA book for large vehicles states that it is "illegal to deposit mud on the highway." Can I complain to the police to get it sorted?
Last time I tried I got fobbed off between the Council / Environment Agency / Highways who all batted it between them........
Before I go off "Victoring" again, any advice? Cos I'm not washing any of my "beasts" then going down that road. It means taking a longer route but why should I ?
Ta.
p.s. Local bus company changed route to avoid said lane.......
Section 8.3 in my DSA book for large vehicles states that it is "illegal to deposit mud on the highway." Can I complain to the police to get it sorted?
Last time I tried I got fobbed off between the Council / Environment Agency / Highways who all batted it between them........
Before I go off "Victoring" again, any advice? Cos I'm not washing any of my "beasts" then going down that road. It means taking a longer route but why should I ?
Ta.
p.s. Local bus company changed route to avoid said lane.......
scott, i know exactly where you are on about,
whats even funnier is all the fools who go jetsking in the lake next door to this place. On a sunny day you can see the oily sheen of stuff thats leached out the 'legal' dump floating on the surface of the 'lake'
god knows what this witches brew of toxic crap is doing to all the tarquins thrusting about on their jet bikes!
the owners of this place are, shall we say, 'well-established' in the filling of holes with rubbish and just dont give a rats ass about anyone else, they have been doing it for years
happy days!
Had a crash some years ago, car inexplicably ( For the speed i was going ) spun across the road and bounced me along a row of trees and deposited my on it's side in the middle of the road.
Police turned up and I quote "Third time this month..."
Anyway sat on the bonnet waiting for a tow truck and wht do I see, right on that corner a farmer escorting a herd of cows across the road.
Kind of explained that then!
Police turned up and I quote "Third time this month..."
Anyway sat on the bonnet waiting for a tow truck and wht do I see, right on that corner a farmer escorting a herd of cows across the road.
Kind of explained that then!
Scoop940 said:
Had a crash some years ago, car inexplicably ( For the speed i was going ) spun across the road and bounced me along a row of trees and deposited my on it's side in the middle of the road.
Police turned up and I quote "Third time this month..."
Anyway sat on the bonnet waiting for a tow truck and wht do I see, right on that corner a farmer escorting a herd of cows across the road.
Kind of explained that then!
Police turned up and I quote "Third time this month..."
Anyway sat on the bonnet waiting for a tow truck and wht do I see, right on that corner a farmer escorting a herd of cows across the road.
Kind of explained that then!
I (believe) Deposits from animals is exempt
Purple AK said:
Scoop940 said:
Had a crash some years ago, car inexplicably ( For the speed i was going ) spun across the road and bounced me along a row of trees and deposited my on it's side in the middle of the road.
Police turned up and I quote "Third time this month..."
Anyway sat on the bonnet waiting for a tow truck and wht do I see, right on that corner a farmer escorting a herd of cows across the road.
Kind of explained that then!
Police turned up and I quote "Third time this month..."
Anyway sat on the bonnet waiting for a tow truck and wht do I see, right on that corner a farmer escorting a herd of cows across the road.
Kind of explained that then!
I (believe) Deposits from animals is exempt
Not explicitly exempted in the Act.
Planning permission can explicitly damand that "mud be removed from the wheels of vehicles leaving the site to travel on the public highway" - but in 'official terminology' 
.
With respect to the original post, is this relevant? The second post seems to have picked this up with regard to clearing of mud from the roads of the housing estate...
Such can usually be found on the 'planning' pages of the local council website (may need a search) - conditions of approval, including cleaning sh*t off the contractors' or users' vehicles' wheels are included in the planning consent conditions
.
. With respect to the original post, is this relevant? The second post seems to have picked this up with regard to clearing of mud from the roads of the housing estate...
Such can usually be found on the 'planning' pages of the local council website (may need a search) - conditions of approval, including cleaning sh*t off the contractors' or users' vehicles' wheels are included in the planning consent conditions
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