Mud on the road: Is this a chargeable offence

[cinek]

If it's reported with supporting evidence I'd be extremely surprised if they DIDN'T blink an eye.....or maybe even two. If it isn't HSE then there has to be a department who will take swift action on matters like this. If they are informed about it and don't act then what is likely to be the public and media reaction if it results in serious injury or a fatality?

This is not how HSE works. Concerns like this are to be reported to local authority not HSE.

 

[markjay]

If it's reported with supporting evidence I'd be extremely surprised if they DIDN'T blink an eye.....or maybe even two. If it isn't HSE then there has to be a department who will take swift action on matters like this. If they are informed about it and don't act then what is likely to be the public and media reaction if it results in serious injury or a fatality?

The council may be legally liable once informed, but they will not neccessarily take the action you want them to take - i.e. prosecute the farmer - instead they could easily discharge their legal responsibility by simply putting-up a sign 'Mud on Road'....

 

[wemorgan]

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[brigadier]

I just had an accident on a motorbike few weeks ago. I was riding at night behind the car, which stopped to let the oncoming car pass as it's a narrow road - I thought I had plenty of distance to brake, but there was thin layer of mud on the road not really noticeable before you touch it, how slippery it is - like said here before - it's like riding on ice. I wasn't going fast, so no major injuries, but it's a serious hazard - especially for motorcyclists.

 

[Satch]

I would be extremely surprised if HSE as much as blinked at any case involving mud on the road.

HSE would need said mud coming from a workplace to result a corpse or serious injury first. It does not have to be somebody employed there but needs to have been reported to them as required by the RTA but that is somewhat restricted:

"Road traffic incidents arising from the movement of a vehicle on the road are only reportable where either the injured person was engaged in, or a person was injured as a result of:

exposure to a substance being conveyed by a vehicle;

vehicle loading and unloading activities but not picking up or dropping off passengers;

construction, demolition, alteration, repair or maintenance activities on or alongside public roads."

The real problem is that responsibility is split between, Police, County Council, Borough Council & maybe the Highways Agency. So it can easily dissolve into a buggers muddle with all sorts of bureaucratic dysfunction and buck passing.

HSE. quite rightly, do not want to get dragged into every aspect of that but have acted in a number of cases. This explains when they will and will not get involved.

OM 2009/02 - HSE?s role in the investigation of work-related road accidents and advice on responding to enquiries on managing work-related road safety

So if there is an ongoing problem really need to push hard, as we know to our cost, to get anything done by anybody. (Until somebody is dead as a result, that is)

 

[cinek]

HSE would need said mud coming from a workplace to result a corpse or serious injury first. It does not have to be somebody employed there but needs to have been reported to them as required by the RTA but that is somewhat restricted:

"Road traffic incidents arising from the movement of a vehicle on the road are only reportable where either the injured person was engaged in, or a person was injured as a result of:

exposure to a substance being conveyed by a vehicle;

vehicle loading and unloading activities but not picking up or dropping off passengers;

construction, demolition, alteration, repair or maintenance activities on or alongside public roads."

The real problem is that responsibility is split between, Police, County Council, Borough Council & maybe the Highways Agency. So it can easily dissolve into a buggers muddle with all sorts of bureaucratic dysfunction and buck passing.

HSE. quite rightly, do not want to get dragged into every aspect of that but have acted in a number of cases. This explains when they will and will not get involved.

OM 2009/02 - HSE?s role in the investigation of work-related road accidents and advice on responding to enquiries on managing work-related road safety

So if there is an ongoing problem really need to push hard, as we know to our cost, to get anything done by anybody. (Until somebody is dead as a result, that is)

Which was exactly my point.

For instance, John is in his company car on the way to work. During his journey he collides with a motorcyclist ( a courier) which results in courier death.

It will be down to police to investigate this incident and what caused it. If during the investigation, it becomes apparent that John has been working 18h a day, most of those were driving - then police may pass the details to the HSE for them to investigate further.
If the police establishes that it was down to lack of vehicle maintenance, worn out tyres, etc. they may pass the case to Traffic Commissioner or simply prosecute themselves.
It can swing many, many ways, depending what was deemed the cause of the incident.

Going back on the topic, if the said mud was a one off issue, caused by a tractor leaving the near-by field, the issue should be reported to the local authority and police.

If the mud was a result of operations conducted in the near-by construction site, and it happens to be a regular occurance - then it still will be reported to the local authority and as such they can pass on the details onto HSE.


I have been working alongside HSE and HSA (RoI) for many, many years now. Dealing with prosecution, investigation and mitigation.
It really makes me laugh when people seem to perceive the HSE as the 'man in black' outfit who patrol our streets and neighbourhoods, fishing out bad apples from our community.

Like I said before, this is not the way this works

 

[camerafodder]

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 “If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence”. Highways Act 1980 Section 148 “If 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 offence”. 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 ‘Slippery Road’ triangle with ‘Mud on Road’ sub plate. If appropriate, the ‘Men at Work’ 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 “If 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 offence”. 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.

 

[welland99]

I just had an accident on a motorbike few weeks ago. I was riding at night behind the car, which stopped to let the oncoming car pass as it's a narrow road - I thought I had plenty of distance to brake, but there was thin layer of mud on the road not really noticeable before you touch it, how slippery it is - like said here before - it's like riding on ice. I wasn't going fast, so no major injuries, but it's a serious hazard - especially for motorcyclists.

That's really bad luck, and thanks for sharing this. I am a motorcyclist too, so have to pay close attention to the surfaces as well.

As a matter of interest, what's happening now? (PM me if you prefer). Is there an insurance claim, or any complaint against the mud dropper?

 

[welland99]

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.

Thanks for sharing this. Can you say where the guidance note originated and who the intended readership are?

 

[Palfrem]

Thanks for sharing this. Can you say where the guidance note originated and who the intended readership are?

Norfolk County Council - Farm Vehicles - Mud on the Road - A guide for operators

This is just once version from one County. All the others are pretty much the same.

Interesting point about H&S at work Act too.

 

[camerafodder]

Palfrem has it covered, I just chose what seemed the most comprehensive cut and paste.

 

[brigadier]

That's really bad luck, and thanks for sharing this. I am a motorcyclist too, so have to pay close attention to the surfaces as well.

As a matter of interest, what's happening now? (PM me if you prefer). Is there an insurance claim, or any complaint against the mud dropper?

No claims as it was very minor.

 

[norfolkngood]

An interesting read as I grumble about the state of the local lanes. We're in the "beet campaign" when the farmers harvest the sugar beet and stack it ready to be transported to the refinery for processing. An essential job but a mucky one as there is inevitably mud on the road, worse than usual after recent heavy rain.

I try not to get wound up as it is part of rural life, but fer chrissakes clean the road when you've finished!

And a handpainted bit of board saying "mud on road" does not make things better - any more than the "no sh*t Sherlock" boards I will be putting up tomorrow!

Good job I was driving the wife's car. I could be really grumpy if the SL had got covered in mud...

 

[Palfrem]

If you think the mud is genuinely causing a serious safety hazard you may do better to call the HSE than the Police

http://www.legislation.gov.uk/ukpga/1974/37/section/3

This gives employers an absolute duty to protect non-employees and to warn them of the dangers (i.e. proper signage)

I find the HSE to be very approachable and usually pragmatic.