Mud on the road: Is this a chargeable offence

[welland99]

On my route home from work there is a field where workers have been dragging mud all over the road for a couple of days now. The quantity of mud on the road is unbelieveable, and it is spread out over quite a distance - not just at the field gate.

Is a chargeable offence? Who can bring charges for messing up the highway?

Local plod seem to be sympathetic, but don't seem to think any offence has been caused. This is a regular offender who has done it before.

Quite apart from the annoyance of getting the car all dirty, it is a real hazard.

I really want to get the cars cleaned now - properly all under the wheel arches - then send the bill to the culprit. Have i got any good case for expecting him to pay the cleaning bill?

 

[moonloops]

wow.... just wow....

 

[Charles Morgan]

Mud on the road can be a serious issue. Guidance found on the interwebby here

There is a definite difference between a little country dirt and serious mud.

 

[welland99]

Mud on the road can be a serious issue. Guidance found on the interwebby here

There is a definite difference between a little country dirt and serious mud.

Excellent. Many thanks.

 

[welland99]

wow.... just wow....

And your point is........?

 

[bennesspipers]

@Charles Morgan, Im pleased youve found & printed that link, as iv had rows wi Lincolnshire Police about exactly this - mud on road- their reply is "You live in a farming area, get used to it" now i'll be able to quote law

 

[coupe deville]

You haven't got a cat in hells chance of getting any dosh from some yokel mudslinger. It's down to you, the cops wont get involved.
1 / Present them with a bill ?
They'll fall about laughing
Set the dogs on you
Throw you in the mud

2 / See a solicitor
You'll end up with a hefty bill and the legal eagle will be booking his Christmas cruise

Life's too short, wash the bleedin car

 

[moonloops]

And your point is........?

Seems like a typical first world problem...

 

[Spinal]

Small claims court - no solicitors allowed...

 

[grober]

I think the problem lies with what might be interpreted as "reasonable working practice" . Its going to be almost impossible to prevent tractors and trailers with cleated tyres from shedding mud as they exit fields onto tarmac road ---- simply not practical. Where I have seen this in operation usually on big civil engineering road projects they tend to have powered rotating brush attachments mounted on the rear on a tractor specially for the purpose. Question is what would constitute reasonable working practice- I would guess at once or twice a day for a small agricultural setup where tractors employed on field operations would have to have the equipment mounted to do the cleaning at the end of in-field operations . Even then these devices tend to merely remove the bulk material still leaving a slippery film of mud. Don't get me wrong the farmer or contractor should be forcibly reminded of his responsibilities in law- just not sure if what he was subsequently asked to do by the authorities might meet your expectations.
Rear mounted sweepers for compact and agricultural tractors from Kersten: Professional Sweepers and Grounds Maintenance Equipment

 

[welland99]

wash the bleedin car

Language, please, Timothy.

 

[br0ke]

In a car it's just inconvenient and potentially dangerous
On a motorbike it could be lethal.
I remember a case a few years back where both the county council and the farmer or developer were found guilty of some offence over a death.

Certainly where I live, the developer of a new housing development takes this very seriously and ensure that both the lorries / tractors are washed down before leaving the site and that the road is washed weekly. This is probably a condition of the Planning Permission. the council has a responsibility to ensure a certain amount of grip on any road (this varies)

From a H&S POV, I would imagine if it is forseeable and reasonably praticable to ensure there is no mud spread on the road, then so be it. Cost does not count against being reasonably praticable.

 

[isobars]

You think you've got problems, we've got Showaddywaddy!

 

[cinek]

Any debris should be removed from the highway before public can use it.

You will find various reference to this in Highways Act 1980, New Roads and Street Works 1991 and Traffic Signs Manual Chapter 8 2009

 

[guydewdney]

Theres mud and theres MUD. Pics please.

 

[welland99]

Theres mud and theres MUD. Pics please.

Unfortunately, it's been dark when i've gone past there, so pics would probably not be too good. Furthermore, if i stood out of the car, i would have got my shoes covered.

I fully agree that there's mud and there's MUD. Let me tell you that this is MUD. The road surface was invisible and the mud was thickly covering it.

If anybody is local, it's the B4208 in Staunton, Gloucestershire. It's a busy main route from Gloucester to Malvern - not a little-used country backwater.

Will try to get some pics today (if not cleared).

 

[Spinal]

Theres mud and theres MUD. Pics please.

Is this mud or MUD? (taken by a friend, I was driving)
[youtube]Cga9jXssq_A[/youtube]

 

[welland99]

Seems like a typical first world problem...

Sorry, still not getting it....

 

[coupe deville]

Language, please, Timothy.

No offence intended, just think it thru
cops - no chance
solicitor- nooooooooooooooooooooooooooo
pic to local paper/council ? maybe

 

[Palfrem]

I used to be on a contract where gangs dug up roads for a utility company.

Local Council inspector was always very keen that the road was properly cleaned of mud when we had finished. It can attract a Fixed Penalty notice if the inspector is so minded.

Major hazard for motor-cyclists and skid risk for cars.