Cows on the road

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

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.

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.

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/ne...straying-stock

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Originally Posted by 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/ne...straying-stock

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Unbelieveable :o
Can't digest the rational behind that law...utter stupidity :doh::doh:
Feel like whipping farmers butt :whip:...MM

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.

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.

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...y/innocent.gif

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

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Originally Posted by Opelblues2

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

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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.

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".

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.

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

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

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Originally Posted by 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

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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.

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

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:

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Originally Posted by 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.

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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

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

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:((

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

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Originally Posted by 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

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They 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

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Originally Posted by Opelblues2

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 2014

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Property is the last on the right hand side just before turning left into McCabe road...MM

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Originally Posted by Opelblues2

excuse the swearing, that spot is blood dangerous

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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

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Originally Posted by Opelblues2

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 years

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Cheers for that
Will send Council there...i wont go anywhere near them though...not in my present mood...MM

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.

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Originally Posted by 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.

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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:

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:

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Originally Posted by 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:

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Probably out on the road somewhere.

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.

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Originally Posted by 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.

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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:

you just need a bigger bull bar :D

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

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

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.

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.

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Originally Posted by MAPLEMAN

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:

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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.

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Originally Posted by rustynail

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.

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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:

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

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 "