Cows on the road

[MAPLEMAN]

Went into town this evening and had the displeasure of having to swerve dramatically to avoid smacking into a cow that had decided to cross the road :o:~
Very close call this one :doh:
The cow is a serial offender and is huge :oo:
Shaken with steam surging from my ears :((.i did my shopping and then went to the local police station to report the incident and summons help to remove it

A few weeks back my friend nearly wacked into it as well
She notified the police who in turn notified council
Now my question is...
what happens if someone is seriously injured or killed by this beast while it free ranges along the road and roadside :stretcher:
Authorities know about...it is,as i stated previously,a serial offender
I would assume the landowner is aware of its antics as well
Where does the buck stop?? Who is responsible and takes on liability??
Not good :no:
Still shaken by the ordeal of nearly being crushed by over 1/2 a ton of beef :rant::Smoker:...MM

[ian]

on the basis that the road to town is fenced
the short answer is the cow's owner or the land owner. Depends on whether the land the cow escaped from is owner occupied or leased to the cow's owner for agistment
also, the cow should have ear tags, if it doesn't it might be classed as feral = your steak dinner.

[Kidbee]

Knew someone who ran into a cow and smashed his car on the Maleny/Landsborough road. My memory is a bit foggy on this but I think there was some old law in Qld that allowed the owner to graze his cattle on this road, but not sure if it was a stock route. Anyway the cow's owner did not have any liability.

[Opelblues2]

Here is a link, you wont like it. went down this road 28+ years ago when I hit a cow on a GS1000 motor bike

"Queensland still abides by an archaic common law rule which basically states that livestock have "right of way" when they are on a road. This means that any damage they cause to people or vehicles they come into contact with can not be blamed on their owner.

Owners of farmland that adjoins major highways do not even have to maintain their fences to prevent livestock from escaping onto the roads.


http://www.eldersinsurance.com.au/news/detail/farm-liability-insurance-and-straying-stock

[MAPLEMAN]

Here is a link, you wont like it. went down this road 28+ years ago when I hit a cow on a GS1000 motor bike

"Queensland still abides by an archaic common law rule which basically states that livestock have "right of way" when they are on a road. This means that any damage they cause to people or vehicles they come into contact with can not be blamed on their owner.

Owners of farmland that adjoins major highways do not even have to maintain their fences to prevent livestock from escaping onto the roads.


http://www.eldersinsurance.com.au/news/detail/farm-liability-insurance-and-straying-stockUnbelieveable :o
Can't digest the rational behind that law...utter stupidity :doh::doh:
Feel like whipping farmers butt :whip:...MM

[Opelblues2]

Why, because most of the state controlled roads in Queensland, NT, NSW were at one time stock routes thus pre dates the land acts that stands to day, now other thing the live stock owner can sue you for loss of livestock. this happened to me, but my mate who was on a bike behind me and didn't crash, was smart enough to cut the ear and tag of the dead cow and put in a cold room frig. proving it wasn't his prize bull, yes I went to court.

now were the law gets cloudy is the local law IE regional councils they do have the power to impound the roaming livestock but very often don't due to the cost, yarding and trained staff...... but on say that the local law does have the power to force the livestock owner to move the animal to another area or have it destroyed...... but this can be stopped by commonwealth law, most councils do bother.

[Opelblues2]

sorry the other thing, even if they don't have a ear tag they are not you dinner. reason being they will have a internal microchip/rumen bolus this is required by the NLIS - National Livestock Identification System, movement requirements. brought in over ten years ago to track where cattle came from, went and for how long "foot and mouth control" Idea was when the cattle are killed the bowel chips are returned to the producer and cleared for the next calf.

[Old-Biker-UK]

I thought you guys with troublesome cattle did that Crocodile Dundee thing and made them lie down quietly at the side of the road
http://d1r5wj36adg1sk.cloudfront.net/images/smilies/happy/innocent.gif

[clear out]

We launched off a grid and took 3 bovines out in a Mazda RX3.
Cow crap everywhere, the cocky behind us put one out of its misery with his knife.
Same mate scored one just out of Branxton on another trip up to a B&S.
Had one kick the rear mudguard of my Capri on passing, how the bike trailer didn't collect it we never figured out.
Like Roos they are just part of the hazards of driving in Oz.
The Buffaloes up NT are really scared a mate had a semi live one on the roof of his Jag for a few miles until it rolled off. The Jag was a write off.
H

[ian]

Owners of farmland that adjoins major highways do not even have to maintain their fences to prevent livestock from escaping onto the roads.
I wouldn't bet my house on that one.

About 10 years ago the High Court overturned the nonfeasance defence in respect to liability for damage suffered by road users.

[Bob38S]

Not as many around as there used to be, but you still see signs on the side of the road saying "Cattle Crossing". Have never seen one that says "End of Cattle Crossing".

[ian]

Cattle crossings, at least the ones I'm familiar with, warn of places where cattle are regularly driven across the raod -- usually to get to and from milking.

In parts of Victoria, there's a $500 fine if you don't give way to cows heading to and from the milking shed.

[Opelblues2]

I would bet my house on it, as of 2013 it is still in place in Queensland, you may find one of many High Court Rulings was in regard to SINGLETON SHIRE COUNCIL v Brodie.

I was involved in the petition to Queensland State Parliament with the local member to have the law changed and still am, the changers that were made in layman's terms that the local councils no longer were exempt from liability for capital woks or infrastructure. ie duty of care

Please by all means find me the ruling were it is the local council, state or federal government's liability for straying stock in Queensland, that way a young family in Rockhampton can have closure for the death of their father, after hitting a horse on the Bruce Highway

[MAPLEMAN]

Contacted Moreton Bay council this morning and forwarded a complaint
They told me that the landowner has a duty of care to ensure that livestock MUST be kept in a secured,fenced area.
They (livestock) are NOT allowed to free range along or on the roadside unless being moved from paddock to paddock
The owner(s) apparently will be placed on notice and if the offending cow keeps offending,then it can be impounded and or destroyed
I'll sue the landowner for stress if it continues to happen
Roads are for vehicles not livestock!!
Fact is,the condition of most of the paddock fences in my area are pathetic...the cow cockies are lazy and apathetic round here :((
Anyway...will wait and see what council can sort :fingerscrossed:...MM

[ian]

I would bet my house on it, as of 2013 it is still in place in Queensland, you may find one of many High Court Rulings was in regard to SINGLETON SHIRE COUNCIL v Brodie.

I was involved in the petition to Queensland State Parliament with the local member to have the law changed and still am, the changers that were made in layman's terms that the local councils no longer were exempt from liability for capital woks or infrastructure. ie duty of care

Please by all means find me the ruling were it is the local council, state or federal government's liability for straying stock in Queensland, that way a young family in Rockhampton can have closure for the death of their father, after hitting a horse on the Bruce Highway

I think Mapleman has sourced the answer from his local council.
The cow's owner has a duty of care to prevent the cow straying onto the road, and, from what Mapleman was told, this duty extends to keeping boundary fences in good repair. Which Mapleman is telling us is not so.
If the owner of the offending cow is known, perhaps Mapleman should give himself a few days off "to recover from the shock" and send the owner a claim for lost wages or diminished productivity or both. Which won't do much in terms of monetary compensation, but would put the owner on notice should Mapleman or someone else subsequently crash into the beast, especially if Mapleman asks for details of the cocky's insurer.


I think a registered cow is a bit different to a "wild" horse -- I seem to recall recent talk of a horse cull to reduce the number of horses around Rockhampton -- which implies the horse you're referring to had no owner.

[Opelblues2]

Hi Ian, this subject is very close to my heart, I do not take it lightly when you add a "word" to try and undermine my knowledge in this area, don't insult me. I was a primary producer, Cattle, fresh water long fin eels for export, Goats to name some. I participated in the white paper for bovine control, as well I was involved in trying change the old English law of PRIMA FACIE. the law changed in NSW, VIC and SA, not In Queensland, bigger beef industry.

by the way the horse, was 3 year old $250,000 stud imported from USA as a colt and not "Wild" it a was found that a tree had fallen due to a storm bring down a set of steel yards, the stud is 15 km from the state road.

Dear Mapleman sorry to insult you for putting my two bobs worth in, I would like to see that Regional council do what they say they can do, for it will open the doors right across the state for legal action. another bark dg with no teeth

[MAPLEMAN]

Council actually seemed quite concerned
Went to town this afternoon and guess what...Beefy was on the road...again :doh:
Rang council straight away...took pics of it and screamed a few times :((
They assured me that a ranger would come straight out
Will contact them (council) in the morning to see what happened to the cow AND its owner
My friend who i care for wont travel to town now as she is too scared we might get hurt
Have mentioned this to council as well
Yes there are roos in my area and they too present a hazard when driving
Can't control or contain them...but livestock can and should be!
Seems the landowner definately has a duty of care. in this shire at least
Had some battles in my life and survived...the last thing i want is to be taken out by a cow because of some stupid lazy farmer not tending to his fences
I'll fight hard for a positive result on this one :;...MM:2tsup:

[ian]

Hi Ian, this subject is very close to my heart, I do not take it lightly when you add a "word" to try and undermine my knowledge in this area, don't insult me. I was a primary producer, Cattle, fresh water long fin eels for export, Goats to name some. I participated in the white paper for bovine control, as well I was involved in trying change the old English law of PRIMA FACIE. the law changed in NSW, VIC and SA, not In Queensland, bigger beef industry.

by the way the horse, was 3 year old $250,000 stud imported from USA as a colt and not "Wild" it a was found that a tree had fallen due to a storm bring down a set of steel yards, the stud is 15 km from the state road.

Opelblues

I'm sorry if what I wrote offended you.
I'm not as close to the horse incident as you obviously are and should not have relied on Sydney news reports -- which from memory concentrated on the Bruce Hwy being unfenced in the area and the need to cull the many feral horses in the area.

I am aware of the Singleton City Council v Brodie ruling and can tell you that in NSW at least, the removal of the non-feasance defence resulted in a flurry of activity by the various road authorities.
I can also tell you that in the past 15 years or so the High Court has over turned another archaic law which was deemed well past its use-by date, so I suggest there's hope that in time common sense will prevail on the matter of fencing major highways.

please accept this apology

Ian

[Nanigai]

The reference to culling may have been in reference to recent news reports about the Bruce Highway north of Townsville.
Two deaths here recently and there is culling of brumbies going on right now due to these deaths, the most recent a 15YO boy.
These wild horses are causing the problem on the road near Rollingstone/Bluewater area and some of this is national parks area.
Main roads have also reduced the speed limit in the area to 80Kmh to try and protect people from injury. Serious problem.
Cheers, Ian

[MAPLEMAN]

Just drove home from town and guess what?
Not one but 2 cows on the road this time...and in the same spot as Beefy was:mad3::upset::gaah::photo3:
Took pics and will ring Council first thing monday morning as they obviously have sorted NOTHING!!
Will ring every phone,knock on every door and do what it takes to get these animals off the road permenantly
I am livid...MM:((

[Opelblues2]

are they calm or skittish, the reason I ask is it safe for you to get the number of the ear tag, if not which road is this happning on, and the nearest cross road, how far from town or I will get on my NLIS account and see if i can find who owns them, or brand

[MAPLEMAN]

are they calm or skittish, the reason I ask is it safe for you to get the number of the ear tag, if not which road is this happning on, and the nearest cross road, how far from town or I will get on my NLIS account and see if i can find who owns them, or brandThey are skittish...tried to get tag numbers but they were too cunning :~
They are on Cove road towards Old Cove road end (last property on the right hand side just before(200 metres) Old Cove road/Cove road T junction)...there are no dwellings on the property either but there are on the other side of the road...Stanmore,4514
Will post more accurate location details tomorrow if need be
The fact that they are skittish makes them even MORE dangerous
Game on...i won't give up until something is sorted
No one puts my life or my friends life at risk and gets away with it...no one :no:
And i don't walk away from scenarios like this until justice is served...MM

[MAPLEMAN]

excuse the swearing, that spot is blood dangerous, the land comes up as 1/135 - 134 cove Road, pastoral lease, try the home owners at 2 McCabe Road-large house on the left or contact Jonathan Jones from First National Realestate he my know who its listed to at April 2014Property is the last on the right hand side just before turning left into McCabe road...MM

[MAPLEMAN]

excuse the swearing, that spot is blood dangerous The road is very dangerous...only just accommodates 2 cars...certainly no room for cows
The shoulders of this section of road are very slippery when wet too, being close to swampland
All the ingredients needed for a disaster waiting to happen
Would like to stress that this problem (cows on road) has been happening for months now
And that it is happening on nearby roads as well
Would like to see hefty on the spot fines issued to the landowners responsible for allowing their livestock to roam feral
Hit 'em in the hip pocket
This is a very serious problem around this neck of the woods...MM

[MAPLEMAN]

just had a hit try the owners of the stock yards at 330 Coves Road. if comes up as that, on the maps. at some stage somebody applied for gazing rights for the road reserve "private information" I have just realized that my account is out of date by 12 yearsCheers for that
Will send Council there...i wont go anywhere near them though...not in my present mood...MM

[rustynail]

This is a time honoured problem. Unfortunately cattle are not born with a chip inserted, it is the responsibility of the owner to do this prior to marketing. If a Cockie is incapable of keeping his stock off the road, the last thing he would be doing is making them traceable. The bloody things are probably "clean skins."
Good luck trying to sue...Nobody injured, owner not known, no malicious intent.
Sounds like a "plaintiff to bear costs" job to me.

[MAPLEMAN]

This is a time honoured problem. Unfortunately cattle are not born with a chip inserted, it is the responsibility of the owner to do this prior to marketing. If a Cockie is incapable of keeping his stock off the road, the last thing he would be doing is making them traceable. The bloody things are probably "clean skins."
Good luck trying to sue...Nobody injured, owner not known, no malicious intent.
Sounds like a "plaintiff to bear costs" job to me.Injury is stress...i know who the owners are...all cattle are tagged too
Local police aren't happy either!
Guess they are getting sick of being called out to put them back into the paddock
Don't under estimate the tenaciousness of Mapleman, Rusty :;...MM:2tsup:

[MAPLEMAN]

Glad to report that ALL cattle have been removed from the paddock...every single one :)
Don't know where they went and don't really care
Can now drive to town without FEAR!...Woohoo...MM:2tsup:

[rustynail]

Glad to report that ALL cattle have been removed from the paddock...every single one :)
Don't know where they went and don't really care
Can now drive to town without FEAR!...Woohoo...MM:2tsup:
Probably out on the road somewhere.

[Bob38S]

I would still drive with "cattle on the road" caution.

The removal may only be temporary as stock is sold or replaced.

Just a thought.

[MAPLEMAN]

I would still drive with "cattle on the road" caution.

The removal may only be temporary as stock is sold or replaced.

Just a thought.Good call Bob...no room for complacency i guess
Hoping that they were removed so that necessary repairs are can be conducted on the fences as they are in poor shape
Only time will tell!...MM:2tsup:

[ian]

you just need a bigger bull bar :D

[MAPLEMAN]

The cows are still there unfortunately....they were simply out of view this morning :doh:
Will pop into the council h.q tomorrow and have some serious dialogue with their animal control experts :roll:
Investing in a bull bar for the Triton might be worthwhile though :)...MM

[KBs PensNmore]

I can see a humongous BBQ coming up at MM's place, if they don't keep them under control.:D

[Bob38S]

Bullbars are good and I ran them on Falcons for many years. However, they are now very expensive, unless you get the right type eg airbag compatible etc they can cause you more problems than they prevent.

I could go on further but won't at this time as I'm sure any research you do will turn up the info. All I run these days on a Rav V6 is the heavier factory alloy nudge bar.

[Boringgeoff]

Unfortunately once cattle (and sheep) learn how to push through a shoddy fence they become habitual offenders and teach others. The only way to stop them is fix the fence properly or fix the cow.
In WA in unfenced station country it is the drivers responsibility to look out for them, if it's fenced then the onus is definitely on the stock owner.

[rustynail]

Injury is stress...i know who the owners are...all cattle are tagged too
Local police aren't happy either!
Guess they are getting sick of being called out to put them back into the paddock
Don't under estimate the tenaciousness of Mapleman, Rusty :;...MM:2tsup:
Everybody suffers from stress. You may know where the cattle come from, but that doesnt identify the owner. An ear tag is not necessarily owner identification, usually only individual animal ID.
We used to call difficult cattle "Fridgies." I think you get my drift.

[MAPLEMAN]

Everybody suffers from stress. You may know where the cattle come from, but that doesnt identify the owner. An ear tag is not necessarily owner identification, usually only individual animal ID.
We used to call difficult cattle "Fridgies." I think you get my drift.Yes Rusty we all suffer from stress :C...and some of us cope with it differently than others do.
Let me alter the wording to 'TERROR' then...we are being terrorised!!
Rural Terrorism is what it is!
After discussions with a Council Animal Management Officer this morning,we ascertained who the owners of the property,and cattle,were...not rocket science!
Council to their credit were extremely helpful and diligent in their quest to help me.
They are taking the matter VERY seriously indeed
They have a clear understanding of the ramification(s) of my situation...legal and otherwise
They (Council) have had numerous complaints over the last few months regarding free ranging cattle wandering the roadsides within the shire
And surprise ,surprise :o...a number of landowners on Cove road and Old Cove road were placed on notice.
Cows on the road are potential 'KILLERS' and Council recognize this fact
The message is, if you own livestock then it is your responsibility to ensure that they are securely restrained within the boundary of the property fence(s)...it's that simple!...MM:2tsup:

[rustynail]

How does Council decide ownership? Hardly any small holdings brand anymore. And until such time as the beast is marketed, it probably doesnt have a NILS chip. All the property owner has to say is it must have broken in, the same as its breaking out. Stray cattle often link up with others, therefore his argument is plausible.
Council can warn as much as they like, but until such time that they are prepared to organise a roundup and impound the offenders there wont be too much change to the statis quo

[Opelblues2]

rustynail, i Don't think many cattle in Queensland get sold straight off farm anymore, 99% go to yards for sale if not they are directly bought by meat wholesalers for supermarkets, and they want know when the were born, what farm, have they had their shots

I don't know about the cattle branding in the NSW, I do know myself that with in 3 months of a calf being born it had a ear tag, you are correct that you don't have to brand or tag unless you sell or they are stud or under 100kg liveweight , but in say that most produces did, to stop fidgies as you put it, and most fridgies didn't belong that person in the first place\owner.

From the Queensland Government Web Site
" Brands and earmarks are used to prove ownership of livestock. They are only compulsory for cattle and pigs when they are being sold. However they are recommended to avoid ownership disputes over stray animals "

[Opelblues2]

Link to the Queensland Government web site

https://www.business.qld.gov.au/industry/agriculture/animal-management/branding-livestock/earmarking-cattle

A cattle earmark is an aid to identification, not proof of ownership. It may only be used in conjunction with the three-piece brand with which it is registered. It is an offence under the Brands Act 1915 to earmark without branding.

Purchased cattle with no earmarks may be earmarked provided they are branded with the brand with which the earmark is registered. Earmarking of cattle is not compulsory.

[rustynail]

Ear mark and ear tag are two very different things. Plenty of cattle are sold direct from farms (see advertisements listing stock for sale.)

[rustynail]

Not to mention live export...trucked farm to port.

[rustynail]

The old common ear tag has little to do with owner ID. On the other hand, the NLIS tag identifies the owner, the animal and the property. Problem is, the NLIS tag doesnt have to be fitted until the animal is transfered. Even then, arrangements can be made for "clean skins." Therefore, it is quite easy for a "stray" to have no ID.
Dont you love bureaucracy?

[Opelblues2]

Thank you, Rustynail. just asking do you run live stock, that way I don't insult you for your backround knowledge in this area

Im sorry I was getting of subject "cows on roads"

just to ans, you are correct cattle do get sold of farms that why I put up 99%, some of the main players in that field are Elders, landmark, RMA -Rural Marketing Agents Ltd, to name a few.

As for live exports that is a different matter, from memory live exports are on consignment ie a company like Elders or RMA I think there are two others. will have on there books property's that are able to supply so many head, the cattle will be musted in to yards up to weeks before export, the livestock wholesaler rep will source and buy pick. now they can go to feed lots where testing and pre-shipment quarantine

i forgot about this company anyway here is a link have a read its worth you time
http://www.wellard.com.au/home/rural-trading/the-live-export-process.html

[rustynail]

Thank you, Rustynail. just asking do you run live stock, that way I don't insult you for your backround knowledge in this area

Im sorry I was getting of subject "cows on roads"

just to ans, you are correct cattle do get sold of farms that why I put up 99%, some of the main players in that field are Elders, landmark, RMA -Rural Marketing Agents Ltd, to name a few.

As for live exports that is a different matter, from memory live exports are on consignment ie a company like Elders or RMA I think there are two others. will have on there books property's that are able to supply so many head, the cattle will be musted in to yards up to weeks before export, the livestock wholesaler rep will source and buy pick. now they can go to feed lots where testing and pre-shipment quarantine

i forgot about this company anyway here is a link have a read its worth you time
http://www.wellard.com.au/home/rural-trading/the-live-export-process.html
Yes, livestock involvement has been a lifelong undertaking. Raised in the far west of NSW. Worked on stations until coming to the big smoke for tertiary education. Returned to the land and continued as a primary producer, along with other business interests.
Back on topic. The fact that cattle are on public roads is not a new thing. The idea that sueing the owner will solve the problem is a little idealistic in my opinion. The rules are vague at best. The Government bodies that "deal" with such matters are slow to act. Warnings are meaningless.
Council well may show interest and the local cop be displeased, but that aint going to stop old buttercup getting to that nice sweet pick on the other side of the fence.

[MAPLEMAN]

Council well may show interest and the local cop be displeased, but that aint going to stop old buttercup getting to that nice sweet pick on the other side of the fence.If the fences were up to standard they WOULD be stopped from getting out.
The standard of fencing on most of the farms around my area are appalling!
'bout time these farmers did something about it
Not good enough Rusty...maybe taking these apathetic, wannabe cowboys to court is the ONLY way to facilitate change
I for one have had a gut full of their laziness
NO excuses for them anymore :no:...MM

[rustynail]

I bought a semi load of station bred Angus out of Omeo. An old chap, passing the truck while we were loading said, "You'll need a moat to keep them bastards in." His mate responded with, "Wouldnt help, the mongrels can swim."
They were dead right. Those cattle had absolutely no respect for fences whatsoever. Even electric. Fortunately, they were well bred and good doers and only took a few months to reach marketable weight. It was good to see the back of them.
Bad fencing makes bad cattle. Fence maintenance is an expensive undertaking if they have been let go too long. Usually, it's not so much laziness, rather a lack of funds that delays the inevitable.
Having lost two good dogs while walking cattle in the long paddock, I dont have much time for irritable motorists who insist on going through a mob of bullocks at the same speed they would do on the highway.
One chap took it upon himself to wind down his window and give me a gob full across the top of a sea of bovine backs. One of them, with rump to window, let rip, right in his lap! I tried to explain that the drought had made it necessary to put stock on the road. He didnt seem all that interested and was way more concerned with the state of his suit.
Oh well, another day in paradise.

[MAPLEMAN]

I bought a semi load of station bred Angus out of Omeo. An old chap, passing the truck while we were loading said, "You'll need a moat to keep them bastards in." His mate responded with, "Wouldnt help, the mongrels can swim."
They were dead right. Those cattle had absolutely no respect for fences whatsoever. Even electric. Fortunately, they were well bred and good doers and only took a few months to reach marketable weight. It was good to see the back of them.
Bad fencing makes bad cattle. Fence maintenance is an expensive undertaking if they have been let go too long. Usually, it's not so much laziness, rather a lack of funds that delays the inevitable.
Having lost two good dogs while walking cattle in the long paddock, I dont have much time for irritable motorists who insist on going through a mob of bullocks at the same speed they would do on the highway.
One chap took it upon himself to wind down his window and give me a gob full across the top of a sea of bovine backs. One of them, with rump to window, let rip, right in his lap! I tried to explain that the drought had made it necessary to put stock on the road. He didnt seem all that interested and was way more concerned with the state of his suit.
Oh well, another day in paradise.Rusty....you mustn't read my last post
The farmers have NO excuses!!
As for lack of funds,you have got to be joking
These folk have new 4x4's,Tractors etc etc...poor my backside
Pure Laziness
They leave flood debris on them,never slash a strip alongside the fence line to offer some protection against fire (fire as you know will render the wire brittle and cause it to rust)
If they can't afford the fences,then they should sell up and get out of the game.
Were not in drought here and there is plenty of feed in the paddock
As a lot of cow folk know,if a beast knows how and where to get out,it will do it time and time again...they aren't silly.
Their the ones that should go straight to market...immediately
If you decide to allow them to graze along the roadside in times of drought,fine,but erect a temporary fence to contain them.
A lot of folk around my area take advantage of the lush green pick on the roadside but they also display a level of responsibility by putting up temporary fence(s)
I always gave way to the milkers when i lived in North Queensland...and respectfully too i might add
My case is a very different scenario though
Maybe if one of your family members were killed or injured by a roaming bovine,your mindset might be different
I came within a whisker of having a really nasty accident last week
I have every right to be 'irritable'
Spoken to a number of folk over the past week about what happened to me and NO ONE was impressed or offered any excuses for the farmer in any way,shape or form...MM

[rustynail]

New tractors, four wheel drives etc would be the reason for no money for fences. Some folk just cant get their priorities right.
Im not saying you have no right to be irritable and I appreciate your near miss would shake you up a bit. I have had the same experience myself. I just feel that such a radical approach (suing) is a bit over the top. In my case, I actually hit the cow. Major damage to vehicle and some minor damage to me. Fortunately, I had my rifle with me, so the cow didnt have to suffer. As for suing the owner or going to the council, it never crossed my mind.
Just another day in paradise.

[MAPLEMAN]

New tractors, four wheel drives etc would be the reason for no money for fences. Some folk just cant get their priorities right.
Im not saying you have no right to be irritable and I appreciate your near miss would shake you up a bit. I have had the same experience myself. I just feel that such a radical approach (suing) is a bit over the top. In my case, I actually hit the cow. Major damage to vehicle and some minor damage to me. Fortunately, I had my rifle with me, so the cow didnt have to suffer. As for suing the owner or going to the council, it never crossed my mind.
Just another day in paradise.Be rest assured the have enough money to pay for fencing...and fencing doesn't require the intelligence of a rocket scientist either.
They have the hardwood trees growing for their posts...they have the tractors to ram them into the soil...they have their family for free labor...so all they need to purchase is the wire,which would surely be tax deductible anyway,and it is not overly expensive these days.
Nothing radical about suing them for stress either...it is a tangible condition that can affect ones health and ability to function normally...an assault on ones mental health...not dissimilar to a physical assault in terms of its (stress) ability to disable someone.
My friend who i care for finally came to town with me today but was still quite scared at the thought of having to drive past the herd...not good :no:
And if you decided not to sue for damages after smashing up your vehicle on a cow, then so be it..your prerogative i guess
I see the world a little differently :;
Will contact council on monday to see what progress is being made towards making Cove road and surrounds a SAFER place for vehicles to navigate...MM:2tsup:

[ian]

...
In my case, I actually hit the cow. ... Fortunately, I had my rifle with me, so the cow didn't have to suffer.
euthanasia for the cow -- like it

[rustynail]

Be rest assured the have enough money to pay for fencing...and fencing doesn't require the intelligence of a rocket scientist either.
They have the hardwood trees growing for their posts...they have the tractors to ram them into the soil...they have their family for free labor...so all they need to purchase is the wire,which would surely be tax deductible anyway,and it is not overly expensive these days.
Nothing radical about suing them for stress either...it is a tangible condition that can affect ones health and ability to function normally...an assault on ones mental health...not dissimilar to a physical assault in terms of its (stress) ability to disable someone.
My friend who i care for finally came to town with me today but was still quite scared at the thought of having to drive past the herd...not good :no:
And if you decided not to sue for damages after smashing up your vehicle on a cow, then so be it..your prerogative i guess
I see the world a little differently :;
Will contact council on monday to see what progress is being made towards making Cove road and surrounds a SAFER place for vehicles to navigate...MM:2tsup:
Why would I sue? The car was insured and where I come from' cattle are often on the road.
I am somewhat suspicious you haven't had the "pleasure" of suing anyone as yet. If you had, you wouldn't be so quick to opt for that approach. It is very time consuming and expensive and extremely stressful. Even when you have a solid case the stress can be phenomenal.
All just over a cow on the road?

[DavidG]

Agree with you Rusty. If you sue someone and win the costs can still exceed any payout. If you loose you can lose the house.
The insurance company can look after that side, if they wish.

[Big Shed]

You are clueless sometimes Rusty :banghead: and recalcitrant..:doh:...MM

Please stick to playing the ball and not the man MM.

[rustynail]

Thanks for updating my pedigree Chris. And thank you for going to the trouble to post a PM.
The word recalcitrant is defined in the dictionary as "disregard for authority." Could you please explain who's authority I am disregarding?
I may be clueless, as you maintain, but I do know the ramifications of taking the action you are proposing. Your temper places you in grave danger of becoming another victim of the courts.
Making mountains out of molehills and then calling on the authorities to take action, failing which, you drag the neighbours off to court is not going to be conducive to good ongoing relationships. Not to mention a heavy burden on your finances. After all, what is more important, a good relationship with some counter jumper in the council, or a civil, communicative relationship with your neighbours?
I am sorry if my differing opinion causes you offence, but it amounts to nothing compared to what a defense lawyer will subject you to in court. And, as I said earlier, the costs are exorbitant and the stress is phenomenal, even for those who handle stress well.
All the best and thanks again.

[MAPLEMAN]

Sorry for the verbal meltdown that i directed at you Rustynail...it was inappropriate
Your right,the legal process is expensive and who's right is often irrelevant :(
It's who has the fatter wallet that counts in court
The near Bingle with Beefy shook me and my friend to the core
And my ute was only purchased a few months ago after being without transport for 2 years
I had to patiently save for it...having it written off unnecessarily would have done my head in
Again,i retract what i said, i am truly sorry...MM

[rustynail]

Thanks Chris, appreciate it. I understand the frustration caused by a differing opinion whilst having to come to terms with a near miss and a less than enthusiastic farming community. My comments were not intended to support cattle farming on roads, purely the fact that s#*t happens.
My main concern was your intended method of handling the problem and the ramifications that could follow. I wasnt aware your vehicle was new and hard won. This also sheds light on what had appeared an over reaction.
No hard feelings and beware the wee beastie

[skot]

Forget the cows Chris....it's these pesky Pea Hens just down the road from you that are a problem.....
https://youtu.be/TKMPAG0t2aI

[MAPLEMAN]

Forget the cows Chris....it's these pesky Pea Hens just down the road from you that are a problem.....
https://youtu.be/TKMPAG0t2aIPriceless Scott :)...MM:2tsup:

[bsrlee]

From what I have read, pea fowl (Pea hens and Pea cocks) are rather poor eating as well as being extremely noisy at Oh-dark-hundred. The reason Turkeys are found all over the world is that they were much tastier.:2tsup:

[artme]

Many of our laws are quite archaic and one of the problems is that very few people know what laws actually exist.

It is only when a tragedy occurs that we find common sense is not the law. I agree with MM -roads are for cars not bloody livestock!

In Canada there are areas where roads do not need to be fenced . These are posted and if you hit a beast the owner can sue you.

Don't trust our bloody polies to get their backsides into geaar and reform these archaic hangovers from British law because they won't
unless dragged screaming into the 21st century. One only has to look at Barnaby Joyce's attitude to the export of greyhounds to Asia
to know how polies operate.

[rustynail]

"Roads are for cars."
Plus trucks, plus caravans, plus trailers, plus motor cycles, plus bicycles, plus tractors, plus joggers, plus wildlife, etc, etc.
Don't worry about Canada, there are plenty of unfenced roads in Australia with stock wandering about.
Drive to the conditions.