farm spilling mud onto public road
Discussion
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.
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.
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?
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?
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.
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.
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...
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...
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 
To give an idea how bad it gets, I have seen them scraping it up with a telehandler bucket before now.
To give an idea how bad it gets, I have seen them scraping it up with a telehandler bucket before now.
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 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 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.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
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.
t.
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