Mud on Roads

In the winter months of the year, excessive mud on roads is often caused by local farming activity in rural areas. As tractors and other agricultural machinery move off the fields, especially when ground conditions are wet, they can deposit large amounts of mud from their wheels and tyres, and this accumulates compacting on road surfaces and in gulleys and causes a hazard to road users.

It is an offence to cause mud to be on roads. There is readily available advice to farmers informing them of their legal responsibilities to clear mud from roads and on measures to help prevent mud from being transferred from fields to roads. The enforcing bodies for mud on roads is the Highway Authority, Lincolnshire County Council and Lincolnshire Police. The Highway Authority have powers to force offenders to clean up a road and remove mud, they can also prosecute offenders if this is proportionate.

It is a common belief that local district or borough councils are responsible for keeping roads and footways clear of mud, and there are often requests made by the public to send street cleaners and mechanical sweepers to sweep up mud on roads, or dig out gulleys. This however is not the case.

Legal Duties

The Borough Council as the Principal Litter Authority (section 88 and 89 Environmental Protection Act 1990) has a legal duty to deal with litter, leaf fall and detritus on the highway.  Mud on a road does not fall within this category and we as a council are not responsible for the clean-up.

The Highway Authority, Lincolnshire County Council, have the duty to ensure highways are maintained at public expense and that highways are free to pass and not obstructed. The Highway Authority have specific legal powers to deal with deposits, such as mud, on the road.

The main legal duties are set out below;

Mud on roads

Penalties for leaving mud on road
 

Other advice to farmers is provided below;

The National Farmers Union

An example of media coverage for mud on roads can be seen here

An example of a mud on road report to LCC can be seen here

Please report any instance of mud on roads to FixMyStreet. This method of reporting allows residents to log their concerns and be confident it will be directed to the correct organisation to deal with it. Residents will also get an update from the website to tell them when and what action has been taken.