Mud, mud, glorious mud..

[7610 super q]

Roads designed for horse and cart are now used by vehicles way, way bigger. Something has to give. This time it's the verges + wild flowers.
Won't be long until something clips Oldboar's house.

Another reason to return to return to the 1970's proper farming with icle tractors.

 

[TheTallGuy]

Although the contractor is at fault for depositing mud on the highway, the farmer who hired the contractor has a duty of care to ensure that work undertaken on their behalf is done safely & can be held to be jointly liable in the event of an accident.

 

[Derrick Hughes]

Although the contractor is at fault for depositing mud on the highway, the farmer who hired the contractor has a duty of care to ensure that work undertaken on their behalf is done safely & can be held to be jointly liable in the event of an accident.

So if the contractor knocked that wall down, then who ?

 

[Sid]

So if the contractor knocked that wall down, then who ?

The cyclist

 

[TheTallGuy]

So if the contractor knocked that wall down, then who ?

It depends on a multitude of factors. In terms of civil liabilities the motor vehicle insurance policy would normally be covering the cost of repair or replacement, but if the police or HSE become involved - particularly if someone is injured, then legal liability can be apportioned back to the the farmer. Questions will be asked as to what steps the farmer took to ensure that work was carried out in a safe manner in the same way that farmers can be held responsible for builders falling off a shed being built. Did the farmer specify that routes of access were of limited size, did he ask what size equipment was going to be used...

 

[Derrick Hughes]

It depends on a multitude of factors. In terms of civil liabilities the motor vehicle insurance policy would normally be covering the cost of repair or replacement, but if the police or HSE become involved - particularly if someone is injured, then legal liability can be apportioned back to the the farmer. Questions will be asked as to what steps the farmer took to ensure that work was carried out in a safe manner in the same way that farmers can be held responsible for builders falling off a shed being built. Did the farmer specify that routes of access were of limited size, did he ask what size equipment was going to be used...

Never thought of it like that , I have organised a haulage contractor to pick up a load of hay in Reading today , would the same apply

 

[TheTallGuy]

Never thought of it like that , I have organised a haulage contractor to pick up a load of hay in Reading today , would the same apply

In theory yes, if the hay falls off the waggon and squishes someone it's quite likely that you will be asked some questions. The responsibility is generally less than direct employment, but you still need to be able to show that you've taken reasonable steps to ensure that work carried out on your behalf is done safely. With things like general haulage the "reasonable" elements will normally be less onerous than when dealing with more specialised tasks.

 

[CPF]

Not necessarily. The highway authority (not necessarily Highways) has a right to keep its roads drained, but it doesn’t mean the verges are owned by the highway authority. More likely to be the farm whose land the road goes over is the owner.

In some situations you are right .But in common law of the highways act1980 you have a right to pass over the grass verge .
When I was contacting had the same situation with a house owner , and then highway authority represent started to throw there authority about.
so I used five little words
See you in court then.
Never another word from them.

 

[Fendt516profi]

In some situations you are right .But in common law of the highways act1980 you have a right to pass over the grass verge .
When I was contacting had the same situation with a house owner , and then highway authority represent started to throw there authority about.
so I used five little words
See you in court then.
Never another word from them.View attachment 1012945

 

[Bury the Trash]

In some situations you are right .But in common law of the highways act1980 you have a right to pass over the grass verge .
When I was contacting had the same situation with a house owner , and then highway authority represent started to throw there authority about.
so I used five little words
See you in court then.
Never another word from them.View attachment 1012945

and as such I hope you made good /repaired any damage that you made .

131Penalty for damaging highway etc.​

(1)If a person, without lawful authority or excuse—

(a)makes a ditch or excavation in a highway which consists of or comprises a carriageway, or

(b)removes any soil or turf from any part of a highway, except for the purpose of improving the highway and with the consent of the highway authority for the highway, or

(c)deposits anything whatsoever on a highway so as to damage the highway, or
comprises a carriageway, and in consequence thereof the highway is damaged,

he is guilty of an offence.

 

[br jones]

By the way grass verges are part of the highway.

Are they feck

 

[Fendt516profi]

Are they feck

Yes they are in most circumstances

 

[Henarar]

If that was mine I think I would dig all that away and fill it with concrete to support the wall , maybe cement a plastic warning post in close to the corner , and if poss scrape a but off the bank the other side ,

most sensible post so far, wants building up so trailers lean away from the wall.
stuff gets bigger there are lanes round here that when I can remember first it was a job to get our 124 baler between the banks and now there is plenty of room to spare, most tractors and trailers are 8 foot wide and the banks have been scraped away, lorries have helped as well.
as for putting stones out, silly idea if anyone hurts themselves you are liable

 

[Bury the Trash]

1. The general rule of law relating to the extent of the space subject to the public right of passage was stated in Regina v United Kingdom Electric Telegraph Co Ltd (1862) 26 JP 390, by Martin B, as follows: In the case of an ordinary highway, although it may be of a varying and unequal width, running between fences on each side, the right of passage or way prima facie, unless there be evidence to the contrary, extends to the whole space between the fences, and the public are entitled to the use of the entire of it as a highway, and are not confined to the part which may be metalled...a permanent obstruction erected on a highway, placed there without lawful authority, which renders the way less commodious than before to the public, is an unlawful act and a public nuisance at common law...
3. This presumption that a highway extends over the whole space between fences may however be rebutted by proof of facts from which it may be inferred that the fences were not put up as boundaries of the highway; thus they may be part of the original boundary of a close of land through which the highway had been made. AG and Croydon RDC v Moorson-Roberts (1908) 72 JP 123.

 

[Will 1594]

Trouble is modern policy is and has been for some time, towards centralisation, bigger 'more commercially units ( labour cost wise etc ) farms included , might work in Oxfordshire , Lincolnshire ie bigger country / more open areas ,wider roads ....

Perhaps the Op needs to plant appropriately shaped and sized stones , like i have seen some people do, along the verge to focus drivers minds away from damaging tyres etc, ....'course someone might also then complain to the parish council about that also...

we had one in village put stones on side of verge
so now i just straddle them with tractor if a car comes or push them in with combine
and moaning about lights shining in his bedroom window one morning when ploughing in dark
out of towner bought bungalow for second home

 

[Ffermer Bach]

Don't got putting stones or anything else in the road or near it- if anyone damages their car on them they will come after you as you will be liable. We've had that kind of lark in our village- as others have said, people don't own these verges, the highways people do.

can't you sink some posts and put motorway crash barriers to protect the house, I think they sell them in Newcastle Emlyn.

 

[Bury the Trash]

we had one in village put stones on side of verge
so now i just straddle them with tractor if a car comes or push them in with combine
and moaning about lights shining in his bedroom window one morning when ploughing in dark
out of towner bought bungalow for second home

You are taking my post out of context.
I was referring to the OP specifically with a way of protecting her wall from damage. .

An angled stone or bank of concrete (if she can afford to do it ) will catch , fend off tyres / wheels and push them off away rather than suck them in.

smooth and not sharp wont damage .

 

[Ffermer Bach]

It depends on a multitude of factors. In terms of civil liabilities the motor vehicle insurance policy would normally be covering the cost of repair or replacement, but if the police or HSE become involved - particularly if someone is injured, then legal liability can be apportioned back to the the farmer. Questions will be asked as to what steps the farmer took to ensure that work was carried out in a safe manner in the same way that farmers can be held responsible for builders falling off a shed being built. Did the farmer specify that routes of access were of limited size, did he ask what size equipment was going to be used...

I think that is the reason why, Councils insist that contractors who work for them are a member of a Health & Safety assurance scheme (thereby fulfilling their responsibility of only using a contractor who is "safe"). I guess, just thinking about it, we should really ask to see a copy of any contractors employers and public liability insurance before we engage them.

 

[Will 1594]

You are taking my post out of context.
I was referring to the OP specifically with a way of protecting here wall from damage. .

An angled stone or bank of concrete (if she can afford to do it ) will catch tyres / wheels and push them off away rather than suck them in.

smooth and not sharp wont damage .

you want those shaped concrete things they have on a bridge here what goes over ouse relief
bit like a cv urved giant kerb stone
maybe a couple of nice big 5/6 ton nice shaped stones of decorative appeal just on her bend might help

 

[Johnnyboxer]

Looks to me that someone’s been encroaching on the highway by putting soil on the tarmac and making the embankment bigger just look at the width of the road aboveView attachment 1012920

Plant some trees where the wellies are, claim ELMS and job's a good'un