Are farmers obliged to clean the public roads near farms for safety reasons.?

Leo

Mud on the Public Highway - guidance
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Guidance for operators of farm vehicles

Mud on the road resulting from working farm vehicles has been an issue for some time. In future a number of factors will combine to make it an even bigger problem:

* Changes in farming (fewer, larger businesses operating vehicles covering greater distances, changes in cropping patterns, growth in contracting sector)
* Weather patterns (climate change leading to wetter autumns and winters)
* Rural road use (more vehicles travelling further distances at greater speeds)

The Law

Farmers and vehicle operators who deposit mud on the road are potentially liable for a range of offences. This guidance note is not a complete statement of the law or of your possibleliabilities.
Criminal Law

A range of powers is available to the police and Highways Department, primarily under the Highways Act 1980, the Road Traffic Act 1988. Highways Act 1980 Section 137 â€œIf a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offenceâ€. Highways Act 1980 Section 148 â€œIf without lawful authority or excuse a person deposits anything whatsoever on a highway to the interruption of any user of the highway he is guilty of an offenceâ€. What you SHOULD do

* Be prepared to hire in equipment - check availability in advance
* Keep to your own farm roads and minor roads whenever possible
* Keep to low speeds - especially when travelling short distance - to help retain mud on the vehicle.
* Be prepared to keep a written record of your decisions on whether or not to deploy signs and/or to clean the road

What you MUST do

* 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.
* Only use signs that are authorised. The recommended sign shows the â€˜Slippery Roadâ€™ triangle with â€˜Mud on Roadâ€™ sub plate. If appropriate, the â€˜Men at Workâ€™ sign should be used. Signs must be at least 750mm.. Make sure they are positioned to give maximum visibility and warning to other 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 present.
* Where a contractor is used, ensure that prior agreement is reached on who is responsible for mud on road issues (signage, cleaning etc) and ensure that adequate public liability insurance is in place.

Highways Act 1980 Section 161 â€œIf 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 offenceâ€. Furthermore, the Road Traffic Act 1988 covers situations where a mechanically propelled 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.
Civil Action

Civil action can occur where the presence of mud results in personal injury, damage to property, loss or inconvenience. The presence of mud can constitute a public nuisance and loss or injury can result in a claim for negligence.
Health & Safety

Under the Health and Safety at Work Act 1974, employers have a duty to look after the health and safety, not only of themselves, their family and employees, but of anyone who may be affected by their working operations. Employees also have responsibilities to themselves and others.

Recovery of Clean Up Costs by Highways Authority

The County Council/Highways Authority has a duty to assert and protect the rights of road users. Section 149 of the Highways Act 1980 gives the Highways Authority the power to clean the road and recover its expenses from the person causing the obstruction.

This guidance note is not a definitive guide of responsibility and conduct. Compliance with it will not provide exemption from liability but may be used by enforcement officers as a checklist when visiting the scene of the incident or site of public complaint.

juology

you could make a report to the police, then they could check the safety of the roads.
if there is any offence causing dangerous conditions, then they willl know about it and will take any steps to ensure all road users are safe.

Firebird

That would probably depend on what country you're in, right?

Soup Dragon

You can report this to the highways department. They should clean up any mess they make. It could cause accidents.

Hope this helps.

Philip P

yup call the coucil they will enforce the clean up

Anthony M

Yes, Farmers are responsible, but alas, they are a pain in our area, If an accident occurred due to muddy road surface, I believe you will find the Farmer can be brought to book.

Your Holiness

Are you sure it's mud?
Taste a bit of it...is it salty?
hhhmmm.....

UCANTCME

Farm operations and maintenance of legal roads are issues to be addressed, largely through negotiation with landholders (and, where appropriate, local authorities and/or an access agency).

WAYNE T

Each county has its own regulation of who is responsible for road debree

A builder of homes has to keep the roads clear of anything that is a result of his building the homes

Farmers on the other hand are in a different ball park

They farmers feed us and only make the mess when it is necessary not to make a bunch of homes to make a million dollars on.

So if you do see mud on the road think that it came from a man who works to feed you and I and everyone else

Mother nature will clean his mess up Come first good rain fall

c bud

im in ohio, and idk if legaly farmers are responsible

but, half of the roads farms are on are gravel.

and a nice rain wil clear up the mud pretty fast.

as far as a wreck, if ur driving so fast u cant stop in time for the mud, and wreck, its ur fault. farmers already have enough to deal with, let alone having some idiot trying to avoid rush hour try and blame the farmer for a wreck

Reggie

the farmers usually make sure they clean up all mess possible as the rain has been so heavy that this will be amended as they always clear up and make sure the road is safe in my area anyway

El Cid

No. They may do out of consideration for stupid drivers who will drive at excessive speeds, but they don't have to. Mud brought on to the road on the wheels is 'normal'. Just as they don't have to keep their sheep or cows to the side of the road when the drive them through the roads. If a driver did not slow down and drove into them, he, and not the farmer, is culpable.

Lord_Darkclaw

Yes, the law is much the same in the USA or the UK.
I don't know how it is in the USA but in the UK a lot of farmers are lazy bums who won't clean up their own mess; mud on the road is a serious hazard.

You have to drive carefully of course, you can't expect farmers to clean up mud instantly so you should be aware that there may be mud on the road. The problem is that even days later you'll find the same thick treacherous mud all over the road right where the tractor drivers left it.

Katie

YES! I was recently in an accident for this very reason. I was not speeding, was not texting, was not distracted. But when a vehicle hits four inches of mud on a road, it treats it like black ice. Once it took my truck there was nothing I could do. I rolled my truck twice and landed upside down. If the farmer simply would have cleaned off even SOME of the mud this never would have happened.

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