The Use of Farmers for Winter Service - A Code of Practice
5 Operational Considerations
The need to ensure winter service vehicles and equipment are correctly calibrated, well maintained and repaired quickly is fundamental to deliver efficient and effective winter service operations. The systems already employed by an authority in the management of their winter fleet should be extended to include the equipment used by farmers i.e. plough blades, and demountable snow blowers provided by the authority for use by farmers.
The authority should consider the relative benefits and disbenefits of farmers and the authority purchasing winter service equipment. Benefits may include:
- cost savings realised through the authority's bulk purchasing powers
- the retention of equipment as an asset held by the authority for re-use as agreements are transferred to new farmers
- a reduction in administrative costs by devolving purchasing to the farmers
It should be noted that some farmers may already own their own plough blades, or may prefer to purchase and retain the ownership of plough blades. This presents an acceptable alternative approach and the authority may consider off-setting the purchase costs to the farmer through the hourly rates employed within the agreement.
Whichever supply option is employed it is recommended that farmers should purchase and install the front linkage and trailer coupling to their tractors, and are responsible for its maintenance as part of the overall maintenance of the vehicle. Where the authority provides equipment such as snow plough blades they should make provision for the supply and fitting of spares, such as pins and rubber (squeejy) strips, and undertake repairs due to normal wear and tear. The farmer also has a role to play by being responsible for taking due care in the storage and use of authority supplied equipment and spares, in order to safeguard and prolong its operational life. This should be clearly explained within the terms of the agreement.
Operators of heavy goods vehicles must ensure that they are compliant with the operator licensing system. The licensing system exists to ensure the safe and proper use of goods vehicles and to protect the environment around the goods vehicle operating centres.
The Traffic Commissioner for Scotland is responsible for the issuing of licences and Examiners from the Vehicle and Operator Services Agency (VOSA) have duties to ensure that operators of heavy goods and passenger vehicles are compliant with legislation relating to, amongst other things, operator licensing, roadworthiness, and drivers' hours.
The Goods Vehicles (Licensing of Operators) Regulations 1995 identifies and lists vehicle exemptions; vehicles that do not need an operator's licence. This list includes:
- tractors, including agricultural tractors, used for the specific purposes described in Part II of Schedule 3
- vehicles being used for snow clearing, or for the distribution of grit, salt or other de-icing materials on the road network, including travelling for purposes connected with winter service operations
It is noted that the regulations may appear to create some uncertainty as the wording within Part II of Schedule 3 does not define the undertaking of snow clearing or gritting within the specific purposes for a tractor allowing licence exemption. However the exemption for 'A vehicle which is being used for snow clearing, or for the distribution of grit (etc)' is interpreted as meaning any vehicle undertaking this operation and will cover tractors used for this purpose.
This exemption must not be confused with excepted vehicles allowed to use 'red diesel'; which is dealt with elsewhere within this code of practice
It is highly probable that farmers being employed to undertake winter service operations will not require a goods vehicle operator's licence if their day-to-day activities already allow an exemption. However, it is the responsibility of the farmer and not the employing authority, to ensure that they are fully compliant with the regulations and the agreement between the farmer and employing authority should confirm this.
Schedule 1 of the Hydrocarbon Oil Duties Act 1979 details vehicles which are excepted and may use rebated fuel 'red diesel'. Within winter service operations red diesel entitlement extends to:
- snow ploughs - a vehicle being used, or going to or from the place where it is to be or has been used for the purpose of clearing snow from public roads by means of a snow plough or similar device (whether or not forming part of the vehicle)
- gritters - a vehicle constructed or adapted, and used, solely for the conveyance of machinery for spreading material on roads to deal with frost, ice or snow (with or without articles or material used for the purposes of the machinery)
In the context of winter service operations a tractor can use red diesel only when fitted with a snow plough and undertaking snow clearing. If it is fitted with a trailer gritter, even if also fitted with a plough, it is no longer excepted and cannot use red diesel.
It should be noted that HM Revenue & Customs (HMRC) adopted a pragmatic approach during the extreme snow events in the winters of 2009/10 and 2010/11 by announcing that, in recognising the vital role farmers were playing in keeping rural roads clear, they would relax the conditions to allow the use of red diesel. HMRC will continue to assess severe winter weather events on a 'case by case' basis and may announce further relaxations if they believe appropriate. Routine winter conditions will not trigger a relaxation and it should be assumed, when undertaking the management of farmer supplied services that only the most severe prolonged conditions may result in a temporary relaxation.
At the time of writing HM Revenue & Customs have issued the consultation document 'Use of rebated fuels for gritting in rural areas' as part of a policy review. The guidance within this code will remain valid until such time as HM Revenue & Customs notify of a change in their policy.
Local authorities may wish to consider the logistics of fuel provision to the farmers during snow clearing operations, and may consider allowing farmers to re-fuel using the Council's own supplies at their operational depots. This may provide some cost efficiencies in the delivery of snow clearing operations benefiting from the bulk purchasing powers of the local authority. It may also improve the resilience of the operations during extreme snow events with periods of sustained snowfall.
5.4 Snow Ploughing and Snow Clearing
In order to maximise the effectiveness of the winter service operations best practice should be applied in line with the rest of the authority's winter service operations, in particular in the areas of planning, vehicle/plant maintenance and calibration, and training.
The majority of roads that will be snow ploughed by farmers will be minor rural roads serving remote communities and possibly some minor urban roads, predominately within urban housing estates. They are usually relatively lightly trafficked, positioned at the bottom end of the network hierarchy and maintained to lower maintenance standards. The network characteristics of these roads should be kept in mind when considering the appropriate levels and method of treatment.
In the event that farmers are proposed to be used to undertake salting treatments additional consideration should be given to the possible limitations of their use. For example; the effectiveness of rock salt is influenced by the action of traffic which helps in its distribution and activation, especially when applied to roads covered by shallow depths of snow. In the case of lightly trafficked rural roads there may be very limited value in the application of salt by farmers, with the alternative of the installation of salt bins/heaps providing a more cost effective option, with farmers engaged to only undertake snow clearing.
Snow clearing by farmers will, generally, be undertaken on lower priority routes within the network and instructions to commence treatment will be given in line with the Council's winter service policy. The use of farmers may allow for the commencement of treatment of these lower priority routes before higher priority routes are clear, thus providing an opportunity of a winter service enhancement in excess of the policy.
The current arrangements with farmers providing snow clearing services generally allow them some discretion on the timing and commencement of operations. This is predominately due to the fact that the farmers employed are often significant in number, widely distributed across an area, and the weather conditions may also show variation in time and severity. This can create challenges for those tasked with the management of these operations and some delegation provides a pragmatic solution. The Council should consider the most appropriate method for provision of a 'mobilisation' instruction for their farmers. This may, for example, be in the form of a set of pre-arranged criteria which, when met, trigger action or verbal instructions made before or during a snow event.
The 'mobilisation' instruction criteria and method employed should be documented within a council's winter service plan.
In the management of snow clearing operations there are potential environmental impacts, in particular as a consequence of collection, stockpiling and disposal of snow, that should be considered and form part of the safe system of work.
During severe snow events it may prove necessary to collect and stockpile snow to maintain access and remove heaps of snow pushed into locations that impede the passage of road users or the winter service operations themselves. On sections of the road network that are treated with salt it is likely that the snow contains high levels of de-icing chemicals that, once stockpiled, will leach into the environment in harmful concentrations as the snow melts. Consequently, snow must not be stock piled within 30m of a watercourse or drain.
Consideration must also be given to the positioning of stock piles such that they do not increase the risk of flooding at a location during a thaw. The authority should identify vulnerable locations within their areas where stockpiling should not take place.
Further guidance and advice can be found by contacting SEPA or from their website (http://www.sepa.org.uk)