Farmers should take extreme care to avoid tractor and trailer wheels depositing mud on the roads as field conditions become wetter during autumn.

Rural insurer NFU Mutual frequently has to deal with claims involving mud left on roads which have resulted in deaths and serious injuries.

“While most farmers are keenly aware of the risks associated with mud on roads, there is still some confusion about the law in this area and farmers’ responsibilities to other road users,” Ian Jewitt, director of MFU NUtual Risk Management Ltd told Power Farming.

Depositing mud on the road is an offence under the Highways Act.

“It is the legal responsibility of the farmer to ensure that every precaution is taken to avoid any mud being carried off the field,” said Mr Jewitt.

“Accepting that in cultivating and harvesting operations some mud will inevitably end up on the road, it is important to make arrangements to remove it immediately.

“If mud is left on roads, warning signs should always be used to alert motorists to the potential hazard.

“It is also important to make sure that those cleaning the road are clearly visible, wearing reflective florescent clothing, and that the mechanical brusher has hazard warning lights.”

To help farmers stay safe – and legal, the following guidelines should be followed:

• 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.
• Be prepared to hire in equipment to clean up accidentally deposited mud – 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.
• Keep a written record of your decisions on whether or not to deploy signs and/or to clean 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.
• Make sure signs 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).

Further information: Stay safe on autumn roads – NFU advice.