Farmers and vehicle operators who deposit mud on the road are potentially liable for a range of offences and a range of powers are available to the police and the highway authority.
The Highways Act 1980 says: “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.”
The Road Traffic Act 1988 covers situations where a vehicle is driven dangerously on a road. Driving dangerously can include driving a vehicle in a state that could cause danger to others. Punishment for these offences ranges from fines to imprisonment.
Farmers or construction vehicle operators must:
- be prepared to hire equipment to promptly remove deposits
- keep to their own farm roads whenever possible
- keep to low speeds and prevent mud from being deposited by removing any excess before driving on to roads
- use authorised signs positioned to give maximum visibility to road users
- clean the road as necessary during the working day and always at the end of the working day
- ensure that labour and equipment is available and is suitable for the soil and weather conditions
- where a contractor is used, ensure that prior agreement is reached on who is responsible for mud on road (signs, cleaning etc) and that adequate public liability insurance is in place