Street care and cleaning Farming and the highway - a code of practice

Agriculture is a major industry in Shropshire. Farmers and agricultural contractors use the county’s highway network in the course of their daily work. However, farming operations can compromise the safety of other highway users. The following information outlines the areas in which the co-operation of the farming community is vital in helping us to keep public roads, cycle routes and footways safe for all users.

Legislation

Laws exist to protect all highway users. Shropshire Council recognises and commends the efforts made by the farming community to adhere to legislation. However, individuals unwilling to co-operate could face prosecution under Highways Act 1980. The Act stipulates that:

  • Mud and debris must not be deposited on a public carriageway so as to interrupt its use and create potential hazards for other road users
  • Hedgerows, trees or shrubs belonging to adjacent landowners must not obstruct visibility on the highway
  • Free passage along a highway must not be obstructed
  • In accordance with Section 174, adequate signs should be provided to warn other highway users of farming operations which may affect the network

Farming operations and the highway

Mud on the road

Mud deposited on the road during farming operations can cause an inconvenience, and even constitute a danger. To help keep mud to a minimum, farmers should be aware of the following:

  • The Road Traffic Act 1988 and associated regulations state that agricultural vehicles shouldn't be overloaded. Loads carried must also be properly secured
  • Excess mud should be removed from the wheels of agricultural vehicles prior to joining a public highway. The provision of hard standing areas near to gateways regularly used to gain access to the highway may help to mitigate this problem
  • Animals should be herded along public highways in a safe manner. Any resulting mud or dung should be removed as soon as possible
  • Mud and/or surface water run off from fields adjacent to public highways should, where possible, be prevented. Providing a sizeable gap between the highway and vegetation can help to mitigate this problem.

Ditches and drains

Good drainage systems help to remove surface water from the highway. As a result they can reduce the risk of vehicles skidding, damage to the carriageway and highway maintenance costs. In rural areas, road drainage is often provided by land drainage ditches or drains in verges and adjacent fields. Common law states that the occupier of land adjacent to the highway is responsible for maintaining these drains and ditches. All ditches should be cleared at regular intervals and any obstruction which may inhibit flow should be removed.

Failure to maintain ditches may result in enforcement action by Shropshire Council under the Land Drainage Act 1991.

Crop irrigation and smoke

Spray from crop irrigators and smoke from burning operations can be both a nuisance and a potential hazard for highway users. Spray or smoke produced on adjacent land shouldn't be allowed to enter the
vicinity of the highway.

Hedge maintenance

Adjacent landowners are responsible for highway hedgerows. Landowners have a duty of care to
inspect and maintain highway hedgerows on a regular basis. Landowners should adhere to the following when carrying out hedgerow maintenance:

  • Remedial action should be undertaken to prevent diseased or unstable trees from becoming a potential  hazard for highway users
  • Hedge cutting operations should be carried out in a safe manner; the potential risks and inconvenience  which may be caused should be taken into account
  • Hedge cutting should be timed to avoid the bird nesting season. In addition, hedgerows should also be cut at an appropriate time of the day, preferably when the highway is least busy
  • All cuttings must be removed from roads, footways and ditches as soon as possible to minimise the risk 
    or inconvenience to others. Failure to remove cuttings  from the highway constitutes an offence under the Highways Act 1980. We'll remove the cuttings and recover costs if cuttings aren't removed within a reasonable timeframe.

Agricultural vehicles

Agricultural vehicles are generally slow moving and often wide. Slow moving vehicles can cause inconvenience or danger to other highway users. Frustrated motorists may take unnecessary risks as a
result. Wide vehicles may over-ride verges in narrow lanes, spread mud and possibly damage drains or
ditches, and repairs may prove expensive. For these reasons:

  • Vehicle widths must comply with current regulations. In accordance with the Motor Vehicles (Construction and use) Act 1986 (as amended), agricultural vehicles should be a maximum of 2.6 metres in width
  • Vehicles must not be unsuitable for the type of road being used
  • Consideration should be given to other road users. Please pull into lay-bys and similar passing places to
    allow traffic to pass safely
  • Agricultural vehicles should not be used, as far as practical, on main roads during peak hours (7:30am-9:30am and 4:30pm-6pm)

Signs

Appropriate reflective road signs must be erected where farming operations affect the highway. Farmers should be aware of the following when erecting signs:

  • Signs of the correct size, type and shape should be used to warn other highway users of potential danger
  • We may, at our own expense, erect permanent warning signs at regular animal crossing points

Signs can be purchased from various sign manufacturers. Our own contractor, JDM Accord, provides signs at reasonable costs. They can be contacted by calling 01743 273500.

Please note that the use of signs doesn't necessarily prevent liability from prosecution or civil claims.

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