Safe Speed Forums

You hit a dog, pig, sheep, cow, horse, goat or donkey?

What might we prosecute you for if you hit these or any animal - including a cat and why have I not included wild felines in the above list anyway?

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Take with a chuckle or a grain of salt
Drive without COAST and it's all your own fault!

A SMILE is a curve that sets everything straight (P Diller).

A Smiley Per post
FINES USfor our COAST!

Approach love and cooking with reckless abandon - but driving with a smile and a COAST calm mind.

Taking a guess at this, without any Google search....

Hitting any on the top list of animals would probably result in a driving without due care and attention charge - I believe legal requirement to report an accident in such a case??

Now with the case of cats, I don't believe any charge can be brought, (really pisses me off as I happen to be a major cat fan). In fact swerving to avoid a cat isn't an excuse for causing an accident whereas swerving to avoid a dog is.

That is just a general guess at the law, not really certain. I have to admit though I'd prefer to avoid hitting a cat or anyone's pet, even it meant I wrote off a car or two and ended up being prosecuted, (obviously if the alternative is a serious crash or veering into pedestrians the snap-decision may be different)

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Why can't we just use Common Sense?

You got some things right and some things not quite right - not 100% wrong either - but not saying what yet

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Take with a chuckle or a grain of salt
Drive without COAST and it's all your own fault!

A SMILE is a curve that sets everything straight (P Diller).

A Smiley Per post
FINES USfor our COAST!

Approach love and cooking with reckless abandon - but driving with a smile and a COAST calm mind.

I'm surprised about being prosecuted at all to be honest (depending on the circumstances). A couple of years ago I was following a car on the NSL single carriageway road past Thirlmere (in the wooded bit) on a wet day at about 45 -50. A deer leapt out of the trees and landed on the road in front of him. He jumped on the brakes but before he'd really slowed appreciably, it bounded off into the woods on the other side of the road. Half a second later and he would have hit it. A couple of seconds later and I would have hit it. Surely you wouldn't prosecute in that situation?

I have to admit to having run over a cat once. Didn't enjoy it (and I don't suppose the cat did!) all I could do was stop and make sure it was properly dead and not suffering which, mercifully, it was.

I once heard that if you hit a dog that wasn't on a lead you could go after the dog owner to recover the cost of the damage to your car but I'm not sure that's true. It would be hard enough telling them the news anyway!

Don't know about a sheep / cow / horse. often pass them on the unfenced rough grazing in this part of the world but have never had the misfortune to get one!

Deer and birds (with the possible exception of swans?) are like cats.

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Paul Smith
Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety

This one seemed quite a lot bigger than a cat and it had antlers on!

Cats are viewed, in Law, as feral animals and, as such, do not have legal owners...okay so far?

The others on your list are liable for recompense / restitution to the owners and any injury or damage to them should be reported so that the Law can adjudicate responsibility for recompense (which may actually fall to the owner of the animal, if they have been shown to be negligent in the safe-keeping of that animal). Still okay?

Failure to report any accident is an offence and collision with an animal requires the motorist to stop to see if the animal is suffering in any way and to ensure that its suffering is ended, in whatever way, as quickly as possible...(not sure about this - my copy of the Highway Code has 'SPQR' typed on its header!)

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Aquila



Licat volare si super tergum aquila volat...

It was probably in fancy dress.

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Paul Smith
Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety

Nearly wet myself laughing

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Semper in excreta, nur quantitat variat.

First and foremost - you THINK about human life first and if it's a choice between killing a human being and an animal - then you save the human first and try as best you can not to harm the animal. Not always so easy - I'd say COAST skills can help - but not much you can do if Spike the Dog decides to give chase to Tom Cat - and you are tootling along at 27 mph... and they bolt out of a side street.



Yep.. cats are "feral" and thus not a legal requirement to report. Although a pedigree can be of similar value to a dog. However, the dog, sheep, cattle, mule, ass, pig - there is a legal obligation to report under S170 of the RTA 1988 as there is a value.

Also the report must be in person per the "obiter" in the "Dawson v Winter" case of 1932. or more recently "Mutton v Bates - 1984 and" "Watson v MacDonald" - 1983.

However - there is some provision for our feline pals - you should stop for any animal and you should certainly not take matters into your own hands (recent case in paper for example where the chap put the cat out of its misery and landed in court for cruelty)

You should contact a vet or animal hospice or RSPCA as you could end up being prosecuted for cruelty to the animal these days. I believe Kriss absorbs costs of these into her practice's costs and made a provision into their accounts to cover such cases. And yes - I think it does depend on the practice concerned.. but have to acknowledge that some (and I admit not all perhaps) practices do place animal welfare before income.

Finally - inspect your car. Although telling an owner that a much loved pet passed away - they may have insurance on their pet which could cover damages if you really could not avoid it.

I have a nice German Shepherd and can trace him back for a few generations, a Collie (nice intelligent "Lassie Come Home" type and a demented Red Setter - so far in-bred that she's defo loopy to point of insanity . Ted and Wildy have labradors and a snooty Persian cat.

In fact, entire family are animal lovers and keep pets.

But we all have an insurance policy to cover vets' bills and any damage these animals may cause - and small print of my policy tells me that if my three managed to escape and caused an accident - even if they died as a result - I'd be liable for damages and would then have to supply driver with policy details to cover repairs.

However, I am a responsible chap and my dogs go walkies with me and mine. I'd never allow them to roam. I love them and care about them - and their antics give me a lot of pleasure too. I just love coming home to a sincere "doggy" greeting of tail wags and licks to my hands - and a demanding invitation to play "ball" with them on the garden.

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Take with a chuckle or a grain of salt
Drive without COAST and it's all your own fault!

A SMILE is a curve that sets everything straight (P Diller).

A Smiley Per post
FINES USfor our COAST!

Approach love and cooking with reckless abandon - but driving with a smile and a COAST calm mind.

PS - forgot to say to all replies - all reassuringly on right lines.

_________________
Take with a chuckle or a grain of salt
Drive without COAST and it's all your own fault!

A SMILE is a curve that sets everything straight (P Diller).

A Smiley Per post
FINES USfor our COAST!

Approach love and cooking with reckless abandon - but driving with a smile and a COAST calm mind.

I'm surprised nobody suggested prosecuting the chap with the dodgy exhaust who lost the cat..... It can't have done his emissions any good!

I'll get my coat!!

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Time to take responsibility for our actions.. and don't be afraid of speaking out!

Which is what I was thinking of when I posted the clue:



I'm interested in the rules for swans, and any other exceptional animals. What about ostrich?

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Paul Smith
Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety

I'm sorry but for a court case reguarding somebody hitting an animal while driving how unfortunate is that name?!

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Andrew.

Don't know about ostrich but given the swan is the Queen's bird it would have to be reported, not sure who a civillian would report it to but we had to report a bird strike with a swan to our CO (being the highest ranking comissioned officer on base), it was listed as an 'unathorised cull'.

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Gordon Brown saying I got the country into it's current economic mess so I'll get us out of it is the same as Bomber Harris nipping over to Dresden and offering to repair a few windows.

Chaos, panic and disorder - my work here is done.

http://www.wildcrafts.co.uk

I'm not so sure about the "cruelty" "ostrich", "swan" etc stuff.

I looked this up in my (latest version) copy of the "Traffic Officer's Companion" and it says (following the "flowchart"):

"If, owing to the presence of a mechanically propelled vehicle on a road or other public place, an accident occurs which causes damage (sic) to animal (other than an animal being carried in or on that vehicle or trailer - "Animal means horse, cattle, ass, mule, pig, sheep, goat, dog) the driver shall: Stop and if requested to do so give his name and address and the name and address of the owner of the vehicle and particulars of the vehicle to any person having grounds for requiring.

If he doesn't give his name and address he must as soon as practicable and in any case within 24 hours report to the police."

(Apparently it doesn't apply to women , or ifit wasn't an accident )

[quote="SafeSpeed
I'm interested in the rules for swans, and any other exceptional animals. What about ostrich?[/quote]

Never seen a live one running about the west coast or in the midlands -are they a problem east of Inverness

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lets bring sanity back to speed limits.
Drivers are like donkeys -they respond best to a carrot, not a stick .Road safety experts are like Asses - best kept covered up ,or sat on

There's a bit of a craze for ostrich farming, including Scotland: http://www.google.com/search?q=%2B%22os ... cotland%22

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Paul Smith
Our scrap speed cameras petition got over 28,000 sigs
The Safe Speed campaign demands a return to intelligent road safety

As you pass through Cumbria there are signs along side the M6 advertising the Ostrich Farm, which is close to the Motorway!!

We also have farms rearing Alpacca and Llamas, and at Dalton on the A590, there have been a few near misses as drivers have been startled by the sight of giraffes, and rhinocerous in the field near a busy roundabout, at the Dalton Wild Animal Park.
Potentially, any of the above could turn up on the carriageway should something go awry with the security fence - such as vandalism!

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Time to take responsibility for our actions.. and don't be afraid of speaking out!

Many, many years ago in the 70s, I was on my motorbike (Norton Commando for those in the know), on my way to work and riding through an estate in Sandwell circa 35 mph, when a dog literally ran out onto the road and into the SIDE of my bike. Poor little blighter hit the footrest and was knocked out, in fact I first thought I had killed him. I was very distressed, as I like dogs and cats, and rode carefully, and sought assistance to get a vet etc. I finally got hold of the police on the phone who said, (and I quote), 'don't worry sir, it'll have probably run off when you get back to the bike'.

Guess what, it HAD run off and I never saw it again !!

Can you see people and the police taking this amount of care and attention in 2006, yet I would still do it again. We need more feeling for others and animals in this cruel and remorseless 21st century in which we now live.

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Good manners maketh a good motorist