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
Very close call this one
The cow is a serial offender and is huge
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
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
Still shaken by the ordeal of nearly being crushed by over 1/2 a ton of beef ...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/ne...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/ne...straying-stock

Unbelieveable
Can't digest the rational behind that law...utter stupidity
Feel like whipping farmers butt ...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

[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 ...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.