In wet periods, the passage of agricultural machinery can make the roads muddy, therefore slippery and dangerous. To limit the risks, it is necessary to report the site to the drivers and clean the road afterward. In the event of dirty work, also remember to check that the indicators, position lights, and rotating beacon are clean and in working order before resuming the road.
Obligation to clean the roads at the end of the work
As soon as the rainy days follow one another, when many tractors intervene on a plot, for example, to harvest corn, potatoes, or beets, the roads can become covered with mud at the exit of the plots. Cleaning them at the end of the work is a legal obligation.
If this mud is the cause of an accident, your liability may be incurred.
Article 1240 of the Civil Code stipulates that “any act whatsoever of man which causes damage to another obliges the person through whose fault he has arrived to repair it”. Even if the fault is not voluntary, not having cleaned the road at the end of your worksite makes you responsible for the slip, at the origin of the accident.
In the event of a dispute, the sentence may range from a fine of 1,500 to 3,000 €, about article R 116-2-4 of the Highway Code which punishes anyone who spreads harmful substances on the road. health and public safety. If the accident results in bodily injury, the fault is reclassified as an offense carrying the penalty of up to a fine of € 15,000 and imprisonment for one year. In the event of death, responsible agriculture incurs a fine of up to € 145,000 and 3 years’ imprisonment.
Report the risk
During the work, to limit the risk of accident, the law obliges to report the presence of mud, such as the exit of tractors or any other danger. You must position regulatory triangular panels 150 m before the site, in both directions of traffic. However, installing a panel does not release any liability and does not exempt from cleaning. But in the event of an appeal, the authorities will judge whether the right means have been implemented, the signs are part of it.
Clean at the end of the work
To limit the soiling of the road, if possible, choose the most favorable weather window. Depending on the configuration of the plot, take a secondary path or multiply the accesses, to avoid piles of mud in the same place.
If despite these precautions, mud is present on the pavement, it will have to be cleaned as soon as the site is finished, either manually (during this intervention, people on the pavement must of course wear a retro-reflective vest), or with a sweeper-type machine with a rubber bib.