Farmers reminded about muddy roads

Rural insurance firm Cornish Mutual has teamed up with South West legal firm Ashfords LLP to remind farmers and landowners about the hazards of leaving mud on the region’s roads.

Excessive mud left on the roads can cause serious accidents. Common sources of the problem are farm vehicles, run-off from fields and animals using the highways, particularly during wet weather. Blocked ditches and drains can also cause flooding which, in turn, leaves mud and debris behind.

As part of Cornish Mutual’s health and safety initiative it is urging farmers and landowners to ensure they understand their legal obligations in order to minimise the risk of an incident. The Highways Act 1980, the Water Resources Act 1991 (in relation to anti-pollution notices) and the law of public nuisance all have provisions relating to mud on the road.

Even mud from vehicles not belonging to the landowner, for example, a contractor spreading muck on the fields or a milk tanker can still be the landowner’s responsibility, if the mud came off their land and they knew about the mud and could have prevented it or cleared it up.

Flora Wood, Partner and head of Ashfords’ Personal Injury Team, said: “Always make sure that you agree with a contractor who is responsible for clearing up any mud. None of our country roads are pristine – often accidents happen without any witnesses, and landowners become aware of a claim many months later. By then it is difficult to prove the mud was not excessive or did not come from their land. The best safeguard for farmers and landowners is to adopt a clear policy to avoid mud and stick to it. A written record of action taken to reduce mud is advisable for any activity involving a risk of bringing mud onto the roads.”

Cornish Mutual Inspector Dave Bersey, who looks after Members in areas including Looe, Launceston, Lostwithiel and Liskeard, recently found reason to speak to a farming Member about there being excessive mud on the roads around his farm. The Member took his advice and put up signage to warn other motorists about the hazardous area.

Dave Bersey said: “The farmer was delighted that it was brought to his attention as he hadn’t realised it may have caused a problem. He got the road cleaned up and back to normal, as well as putting up signage. Clearing up mud can be difficult so it’s worth considering hiring in special equipment. Use signage if you can to make sure other motorists are aware that there may be mud on the road and always clean mud off the highway at reasonable intervals and at the end of the day.”

According to Cornwall Council*, the most frequent complaint received by the Council about farmers relates to mud and muck on the roads.

Dave added: “Mud on the road can also come from other activities that take place in fields, such as banger racing and agricultural shows in the region. Vehicles are often pulled in and out of the fields onto the roads and can bring muck with them. Any event or other activity like this can have an impact.”

There are a number of preventative measures that can be taken including making sure that the field gateways onto the road are well drained; hard core or chippings can be used around these areas or on farm tracks to reduce the spread of mud. Tractor tyres can be washed down before going onto the roads and driving at lower speeds can reduce the spreading of muck and mud.

Farmers and landowners are also advised to make sure that they have appropriate Public Liability insurance cover in place should the worst happen. Cornish Mutual provides a range of insurance products to indemnify farmers and landowners against their legal liabilities. For more details, please visit www.cornishmutual.co.uk

 Ashfords LLP has offices in Exeter, Bristol, London, Plymouth, Taunton and Tiverton. To contact Flora Wood call 01392 334020, email f.wood@ashfords.co.uk or see www.ashfords.co.uk