Questions and answers
Questions and answers
Question
IT is worrying to hear that a farmer is being charged with manslaughter, following the death of a motorist in an accident on a muddy public road alongside his field. What are my responsibilities regarding mud from fields and farm vehicles?
Answer
Depositing mud on the road is an offence under The Highways Act. It is the responsibility of the farmer to ensure that every precaution is taken to avoid any mud being carried off the field.
Although it is accepted that in cultivating and harvesting operations some mud will inevitably end up on the road, it is however important to make arrangements to remove it immediately.
An increasing number of farmers are no longer just relying on the shovel, they are also using tractor-mounted mechanical brushes which can be both quicker and more efficient.
Warning motorists is important and we recommend talking to your local highways authority about the siting of "slow down" signs or those warning that farm vehicles are using the road.
It is also important to make sure that those people clearing the road are clearly visible, wearing reflective fluorescent clothing, and that any mechanical brusher has hazard warning lights.
Remember:
• Try to ensure you dont put mud on the road in the first place
• If it is unavoidable, take all possible action to minimise it
• Have a system in place to remove it quickly
• Provide adequate signage to ensure that road users are made fully aware that farm traffic is active on the road ahead
• Protect your own workers by making them conspicuous.
Pamela Oldfield
director, NFU Mutual Risk Management Ltd
Note: the Health and Safety Executive refused to comment on the issue, because the agency has no enforcement responsibility in this area. There is a specific prohibition in the Road Traffic Act on leaving mud on the roads, which means it is the responsibility of the police, says the HSE.