Tractors and mud

[martine]

Couple of times in the last week I've come across fresh mud on the road left by tractors moving between fields. The worst one was a few days ago on the A38...a tractor pulled out in front of me and as he accelerated left huge clods of mud over the carriageway. It was the worst I've ever seen with mud being flung off the wheels some height and distance from the tractor itself - in danger of hitting oncoming vehicles - apart from leaving the carriageway like 'The Somme'.

I was considering reporting the latter driver - as it really wasn't considerate or safe - but is there a specific law against doing this?

[trashbat]

I recall this being discussed before elsewhere; there probably is some duty of care, but really, what would you have them do?

[MGF]

Clean their wheels before leaving the field.

Sections 148, 149 and 161 of the Highways Act 1980 contain the relevant law.

http://www.legislation.gov.uk/ukpga/1980/66/contents

If an accident is caused by the presence of mud on the road the driver who deposited it can be liable in negligence.

[michael769]

I was considering reporting the latter driver - as it really wasn't considerate or safe - but is there a specific law against doing this?

I will first address the issue of mud on the road. Mud causes a nuisance in terms of the mess it makes of other vehicles, and a hazard in terms of making the road slippy especially for cyclists and motorcyclists, accordingly landowners must put steps in place to prevent mud being drawn onto the road where practicable and where not to put steps in place to clean it up.

The relevant statutes are:

Highways Act 1980 Sect 148

If, without lawful authority or excuse—

....

a person deposits any thing whatsoever on a highway to the interruption of any user of the highway, or

....

he is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

Highways Act 1080 Sect 149

(1)If any thing is so deposited on a highway as to constitute a nuisance, the highway authority for the highway may by notice require the person who deposited it there to remove it forthwith and if he fails to comply with the notice the authority may make a complaint to a magistrates’ court for a removal and disposal order under this section.

Highways Act 1980 Sect 161

(1)If a person, without lawful authority or excuse, deposits any thing whatsoever on a highway in consequence of which a user of the highway is injured or endangered, that person is guilty of an offence and liable to a fine not exceeding level 3 on the standard scale.

.....

(4)If a person, without lawful authority or excuse, allows any filth, dirt, lime or other offensive matter or thing to run or flow on to a highway from any adjoining premises, he is guilty of an offence and liable to a fine not exceeding level 1 on the standard scale.

Agricultural activities fall within the scope of health and safety legislation:

Health and Safety at Work Act 1974 Sect 3

General duties of employers and self-employed to persons other than their employees.

(1)It shall be the duty of every employer to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that persons not in his employment who may be affected thereby are not thereby exposed to risks to their health or safety.
(2)It shall be the duty of every self-employed person to conduct his undertaking in such a way as to ensure, so far as is reasonably practicable, that he and other persons (not being his employees) who may be affected thereby are not thereby exposed to risks to their health or safety.

In the first instance you should contact the local Highways Authority.

Turning to the matter of mud being thrown off vehicles this is unsurprisingly also an offence:

Construction and Use Regulations 1986 Reg 100

(2) The load carried by a motor vehicle or trailer shall at all times be so secured, if necessary by physical restraint other than its own weight, and be in such a position, that neither danger nor nuisance is likely to be caused to any person or property by reason of the load or any part thereof falling or being blown from the vehicle or by reason of any other movement of the load or any part thereof in relation to the vehicle.

(3) No motor vehicle or trailer shall be used for any purpose for which it is so unsuitable as to cause or be likely to cause danger or nuisance to any person in or on the vehicle or trailer or on a road.

It is perhaps arguable if dirt or debris picked up on a vehicle constitutes "a load" however I'd be quite comfortable arguing that using a vehicle in a condition where mud is being thrown off the wheels in the manner you describe would fall within the scope of general catch all Reg 100(3) clause.

Complaints relating to the vehicle and it's load should be directed to the police, and if a standard HGV type vehicle is involved the Traffic Commissioner.

EDIT: MGF beat me too it....

[trashbat]

Clean their wheels before leaving the field.

Sections 148, 149 and 161 of the Highways Act 1980 contain the relevant law.

http://www.legislation.gov.uk/ukpga/1980/66/contents

If an accident is caused by the presence of mud on the road the driver who deposited it can be liable in negligence.

Yes, I know, but how do you expect this to actually happen? Pressure washers at every field entrance?

[michael769]

A brush would remove the most of the build up, you'd still get some mud in wet weather but at least you would not be chucking it at passing cyclists. Tractor mounted brushes are readily available.

National Farmers Union Scotland's advice to farmers on the subject:

Mud, deposited by tractors and /or appliances when on public roads, should be removed as soon as practical or at least at the end of the working day.
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.
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.
Mud on Road warning signs should be placed at the extremities of any fouling of the carriageway and signs should be fitted with flashing beacons on 'A' Roads.
Make sure signs are positioned to give maximum visibility and warning to other road users.
Keep a written record of your decisions on whether or not to deploy signs and/or to clean the road.
Where a contractor is used, ensure that prior agreement is reached on who is responsible for mud on road issues (signage, cleaning etc).
Be prepared to hire in equipment to clean up accidentally deposited mud – check availability in advance.

[TripleS]

Well I do sympathise with you, Martin, and this problem is one that has irritated me considerably over the years.

I have always believed that depositing large quantities of mud on the highway, and failing to clear it away promptly, is unlawful, but I imagine prosecutions for such behaviour will be exceedingly rare, through remedies are clearly available, as others have set out in detail.

Having spent many years driving in rural areas, I've eventually learned to live with it.

[TheInsanity1234]

I live in an area where it's very countryside-y and it's well known for its links to horse-racing, and there are a lot of gallops and horse exercising areas around here, so we don't have a problem with tractors throwing mud onto the road, but instead, horses putting their... *ahem* deposits on the road, but for the most part, we don't have a problem, but there is always an unruly horse who just has to go!

You tend to learn to live with it, and adjust your driving to take the mud (and other deposits) on the road into account.

[trashbat]

A battery powered one carried on the vehicle?

I have enough grief trying to get compacted earth off a garden roller. Brushing certainly doesn't cut it and it would take a fair bit of hosing down.

The next question would be 'where?' - so now you want a gravel or tarmac standing area outside the field, but not blocking traffic, and presumably one that drains somewhere other than the road.

This PH topic gives a bit of insight to the impracticalities of it.

Ultimately you can be prosecuted for it, especially if it results in a death. Personally I find it hard to see how it can be completely avoided though.