Farming and the Highway

Astley Parish Council wishes to remind local landowners of their highway responsiblities regarding hedge cutting and mud on the road.

Shropshire Council has published a Code of Practice in relation to "Farming and the Highway", an extract of which follows. To read the full Code of Practice, click here.

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 shou ld 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.

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.