SCOTTISH FARMERS and crofters have been issued a reminder to keep roads clear of mud and muck for the safety of other road users this Autumn.

This timely message coincides with a busy period in the farming calendar, with potato and veg harvesting, ploughing, planting and muck spreading still ongoing across the country.

Despite having little say over the wet weather and deteriorating soil conditions – which can lead to more dirt being taken from fields to road – farmers and crofters have a legal responsibility under Section 95 of the Roads (Scotland) Act 1984 to keep the roads clear from any materials deposited from tractors, trailers or implements.

If the road is not clear of deposits after use, the roads authority can recover the costs of cleaning the road from the person responsible. Further, failure to comply with regulations could result in the prosecution of the driver or operator and, in the event of an accident, could lead to a claim for compensation.

Where muck and mud is being carried onto the road, NFU Scotland has urged members to remember ‘ABCD’:

  • AGREE who is tasked with cleaning up the material before work starts, as it is the responsibility of the driver and the person instructing the work to ensure the road is kept clean;
  • BE prepared to clear up after your job. NFUS suggests planning the clear up ahead of time to ensure individuals have the right equipment to do the job efficiently and to a good standard and that the team clearing deposits are equipped with safety gear;
  • CLEARLY signpost any mud on the road. Farmers and crofters urged to use authorised ‘slippery road’ signs with a ‘mud on road’ sub plate to alert other road users. These should be placed at the extremities of any mud or muck on the road and, where signs are on ‘A’ roads, ensure they are fitted with a flashing beacon;
  • DOCUMENT your decision making to ensure you can evidence the steps taken to mitigate and manage mud on the road.

Lanarkshire farmer and chair of NFU Scotland’s legal and technical committee, Tom French, said: “At this time of the year, when the weather is changing and so much is still happening on farms, keeping roads free from mud and muck is a real challenge. Aside from the legislative requirement to keep the road clear of material, it is necessary for the very important reason: to protect the safety of all road users.

“Planning ahead and taking the time to prevent material from initially being transferred from the field to the road is the best approach to limiting the risk mud can pose to other road users as well as reducing the clean-up work later,” he continued.

“Where mud and material are deposited on the roadway, it is important that there is a process and procedure in place to remove this hazard as swiftly and as soon as possible, and all to a sufficient standard," said Mr French.

“We would also ask that all road users assist in making both country and major roads as safe as possible, by driving appropriately for road conditions, keeping to the speed limits and bearing in mind that many of the nation’s farmers and crofters are still working hard harvesting this year’s crops or getting ready for 2021.”