A man has been given a 12 month community order after he was spotted with one of his grandchildren in his tractor as he fed cattle on his farm in south Wales.
78-year-old Howard Walters, of Tirmynydd Farm in Birchgrove, Swansea, was captured on video by one of his neighbours, which ultimately led to his conviction.
Walters had already been issued with a prohibition notice by the Health and Safety Executive (HSE) in November 2020 after admitting to inspectors he allowed his pre-teen grandchildren to ride in his tractor.
However, two months later, he was filmed by his neighbour breaching the terms of that notice.
A HSE inspector who investigated Walters says the law is “very clear”.
Children under 13 are specifically prohibited from driving or riding on or in any agricultural machine, including the tractor cab.
Farm safety
At the time of committing the offence, Walters was the subject of a suspended prison sentence for unrelated environmental offences.
In a case that was heard at Swansea Crown Court, he was fined £500 for breaching the terms of that sentence. As part of his community order, Walters must attend 25 days of rehabilitation.
He was also ordered to pay £3,000 in costs.
The HSE has provided advice on how farmers can keep children safe on farms:
- Children must not be allowed in the farm workplace (young children should enjoy outdoor space in a secure fenced area);
- Any access to the farm workplace by children under 16, for example for education, or knowledge/experience, must be planned and fully supervised by an adult not engaged in any work activity;
- Children under the age of 13 years are specifically prohibited from driving or riding on any agricultural machine. It is illegal;
- Properly trained, instructed, and supervised older children may, in tightly controlled circumstances, be able to help with some straightforward low risk tasks.
HSE inspector Simon Breen said: “The law around children being allowed in the cabs of any agricultural vehicle is very clear. For any child to ride on agricultural machinery like a tractor is unsafe and illegal.
“The fact this farmer chose to ignore a prohibition notice for putting his grandchildren at risk is all the more staggering.
“We will take action against those who break the law. The solution is very simple – young children should never ride in agricultural vehicles.”