22 Feb Farmers Reminded of Public Liability Obligations

Farmers Reminded of Public Liability Obligations

Those in the farming and agricultural sector have a lot with which they must contend. After all, agriculture is, notoriously, one of the most difficult sectors in which to turn a profit as it is subject to so many factors, from changes in available workforce to the unpredictability of the seasons, inclement weather events and more.

But one thing that those in this sector overlook, at their peril, is the need for sufficient public liability insurance. However, public liability insurance obligations should not stop at the farm gate. In fact, public liability cover is a must for any farm owner whose vehicles regularly use public roads.

North Yorkshire County Council recently sought to emphasise this point when it issued its guidance for the operators of farming vehicles. This followed a spate of reports of mud from farming vehicles being deposited on public highways, potentially creating a safety hazard and, consequently, a public liability risk.

Too many forget the fact that under the Highways Act 1980 and the Road Traffic Act 1988, farmers and contractors who deposit mud on the road face potential liability for accidents caused by mud.

As such, as well as ensuring adequate public liability insurance, operators of agricultural vehicles must ensure the following:

• That they use farm roads where possible.
• That they have contingencies in place for the removal of mud.
• That they take steps to prevent mud from being deposited on roads.
• That they give maximum visibility and warning to road users.
• That when using contractors they are agreed as to who is liable.

Councillor Don Mackenzie, the county council’s executive member for Highways commented, “Where mud results in personal injury, damage to property, loss or inconvenience, civil action can be taken. It can constitute a public nuisance and loss or injury can result in a claim for negligence.”

Whether you live in Yorkshire or not, the warning serves as a useful reminder: public liability insurance is a must for any farmer looking for long-term confidence and security.