The Law
Vehicle operators, contractors and farmers who deposit mud on the road are potentially liable for a range of offences. This guidance note is not a complete statement of the law or of your responsibilities and possible liabilities.
A range of powers are available to the Police and the Highways Department, primarily the Highways Act 1980; and the Road Traffic Act 1988.
Highways Act 1980 Section 137 states “If a person, without lawful authority or excuse, in any way wilfully obstructs the free passage along a highway he is guilty of an offence”. Highways Act 1980 Section 148 “If without lawful authority or excuse a person deposits anything whatsoever on a highway to the interruption of any user of the highway he is guilty of an offence” Highways Act 1980.
Section 149 of the Highways Act states “if anything is deposited on the highway so as to constitute a nuisance/danger the Highway Authority can require the person who put it there to remove it forthwith”. Mud causes skidding and is therefore dangerous and a nuisance.
Highways Act 1980 Section 161 states “If a person, without lawful authority or excuse, deposits anything whatsoever on a highway in consequence of which a user of the highway is injured or endangered, that person is guilty of an offence”. Furthermore, the Road Traffic Act 1988 covers situations where a mechanically propelled vehicle is driven dangerously on a road. Driving dangerously can include driving a vehicle in a state that could cause danger to others.
Punishment for these offences ranges from fines to imprisonment.