Intresting PM this morning. It came from a member who I know well and have stalked with on a number of occasions. It was sent with the best intentions I'm sure and the person will know I take NO offence from it. However it did make me think. How many people would have done as I did. That is to humanely dispatch the animal post collision and remove it from the road. Or would have left it to die from it's injuries and go to waste. Worse still to cause some offence to a passing walker with children or for a further incident to occur should a fox or badger run in front of a vehicle from the feeding site?
So below is the original PM and my response. I'd be interested to hear your views. I'm not concerned with the smart arse who will quote the law as I make clear in my response. What I want to know is does people's fear of the law prevent them from doing the right thing?
John,
Glad to hear your ploughing through your L2. Bit of info for you that I thought would be better sent as a pm instead of posting on the thread.
If you hit the buck on a public road it is an offence for you to remove the carcass, it's covered by the deer act and highways act. Anyone passing afterwards would be entitled to remove the carcass but not you. I know it sounds stupid, but the legislation was designed to stop people deliberately killing deer with vehicles and claiming RTA's. If you were requested to attend an RTA to dispatch an animal then you could remove it.
If the collision took place on a private road then it doesn't apply, other than than the landowner would have to give permission before moving the carcass, otherwise it's theft. Wild animals cannot be owned, the right to kill or take can be owned on the land the animal is on at the time, but the animal only becomes "owned" once it has been "reduced into possession", i.e killed. Once dead then it belongs to the landowner or person who has the shooting rights.
To be honest you've done what most of us would have done.
All the best. ???
And my reply.
Hi Long time no hear!
Thanks for the info. I already knew all this. It was also covered in the level 1 course. However since I know a fair bit on law and highways etc and recently having to deal with a situation as a local Councillor I will say this. In many cases a highway or more specifically the surface is owned by the council or highways department, however in most cases the ground over which the highway runs is owned by an individual. Often without their knowledge. This is especially so in the case of country lanes where the land between hedges is owned by an adjacent land owner and the highway/byway is only a right of passage over said land. It is only the surface which is owned and maintained at public expense In most cases the land owner can not develop or place any obstruction which would impede the right of way but does none the less own the ground beneath the surface along with the verge. So in the instance relating to me I would firstly question if the land was owned by the highways or council. 2nd If someone were to suggest I intentionally ran this animal down I would argue why as a trained hunter who has spent many £100's on learning the correct manner in which to kill and deal with a carcass would go out and use a £20K vehicle to run a deer down which I could have gone and bought for £50, causing £1000 worth of damage to said vehicle. It was fortunate for the deer that I possessed not only the skill but also the tools to ensure it met it's death as humanely as possible under the circumstances. I removed the carcass and offered it to the adjacent land owner from who's land it had come. They chose to give it to me. I also removed it so as it would cause no offence to any passing member of the public who may well have been disturbed by seeing the deer with it's throat cut and suffering other injuries caused by the collision. So although the law is there it is to be applied according to circumstances and any sensible judge would back my actions, knowing they were carried out in good faith and with the deer and general public in mind. I have certainly made no financial gain from the situation.
So in short I hope any proficient hunter would do the same and not be put off by the perception that the laws prevents them from doing so. Law is law but the application of the law is down to a judge and jury and trial by one's peers. It is for guidance and there to prevent clear breaches of it.
Other than that hope things are going well with you.
So what would you do?