§ Mrs. Ann WintertonTo ask the Secretary of State for Transport, Local Government and the Regions what guidance is issued by his Department to farmers and landowners regarding their duty of care relating to mud on road surfaces; what plans he has to publish a code of practice for farmers and landowners clarifying their liability in road traffic accidents where mud is cited as a contributory factor to the hazardous road condition; and if he will make a statement. [37918]
§ Mr. JamiesonThe National Farmers Union already issues guidance to farmers and landowners about preventing the dropping of mud onto the road surface which they are currently in the process of updating. I have no plans for my Department to duplicate this guidance.
There are specific regulations aimed against mud being dropped onto the highway. Sections 148 and 161(1) of the Highways Act 1980 make it an offence to deposit anything, including mud and manure, on roads. Section 149 of the Highways Act 1980 enables highway authorities to take action against anyone who deposits anything on the highway that constitutes a nuisance or danger. Section 6 of the Road Traffic Act 1991 makes it 1187W an offence to cause anything to be left on the road if it would be obvious to a reasonable person that to do so would be dangerous.