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Thread: Roadkill

  1. #1

    Roadkill

    What's the legal standpoint on roadkill?

    Not that I'm into eating it, just that the other day a hare got nailed right in front of me by the car ahead. I figured I could use some fresh fly-tying materials so threw him in the boot and made off home with some nice fur for GRHE nymph's, and a little treat for the dog.

    Then later I started thinking if it was legal to do, or if there are regulations in place around this...

    any thoughts?

  2. #2
    with game its OK if hit by another car..ok to take!...with deer it belongs to the highways agency.

  3. #3
    technically the road is just the surface material. the land that the road runs on belongs to the landowner and as a consequence so does any game killed on it.
    by picking up the game you are breaking the law but realistically no-one is going to get too excited about a mangled hare.

    my wife once hit the biggest hare ever in a vauxhall corsa, felt like it had ripped the front wheel off, not so much as a "hare's ear" could be made from what was left!!

  4. #4
    Quote Originally Posted by steyr View Post
    with game its OK if hit by another car..ok to take!...with deer it belongs to the highways agency.
    no it doesnt!

  5. #5
    The legal position is that it belongs to who ever owns the road (the local council ) but I don't think they would mind you cleaning up there road.
    AT THE AGE OF 50 I DECIDED I WAS GOING TO GROW OLD F***ING DISGRACEFULLY

  6. #6
    Quote Originally Posted by steyr View Post
    with game its OK if hit by another car..ok to take!...with deer it belongs to the highways agency.
    Makes sense, we don't want people knocking deer over to try and then sell on, but good to know I acted within the law

  7. #7
    All game, if not enclosed, are unowned. This includes pheasants, hares, deer etc.etc. As soon as they are dead they belong to the landowner upon whose land they fall dead. If it's on the highway, they the council or highways agency own them. They have never minded when I take fly tying materials, or the odd meal, from the side of the road.

    One thing to be careful of if you are a fly tyer, some animals are illegal to have possession of when they are alive or dead. The authorities might object to finding the heron you found lying dead after it had flown into a power cable in your freezer. Badgers too.

    Simon
    Blindness to suffering is an inherent consequence of natural selection. Nature is neither kind nor cruel but fiercely indifferent.

  8. #8
    Quote Originally Posted by flytie View Post
    All game, if not enclosed, are unowned. This includes pheasants, hares, deer etc.etc. As soon as they are dead they belong to the landowner upon whose land they fall dead. If it's on the highway, they the council or highways agency own them. They have never minded when I take fly tying materials, or the odd meal, from the side of the road.

    One thing to be careful of if you are a fly tyer, some animals are illegal to have possession of when they are alive or dead. The authorities might object to finding the heron you found lying dead after it had flown into a power cable in your freezer. Badgers too.

    Simon
    Yeah, wouldn't want to have the FLO over for renewal, and have a framed set of eagle-feather salmon flies over the fireplace!

  9. #9
    Quote Originally Posted by bewsher500 View Post
    no it doesnt!
    read "if hit by another car"..it IS legal to take.. it is classed as wild game!..if it is hit by your car then it is NOT legal to take!! the law exists to stop people poaching/trying to hit game by car!..deer on the other hand become the property of the land owner where it lies dead!!...infact i remember "riverside cottage" doing a program on this..so if it WERE illegal as you say...hugh fearnly watsits name is in for some awfully big poo!!!

  10. #10
    technically speaking the highways agency does not own highway unless they specifically bought the land in order to lay the highway in the first place.
    they own the right to surface and resurface the road and are responsible for its upkeep and clearance.

    the land owner owns the land, beneath and around it.
    the highways agency may technicaly own roadkill on roads it owns outright, but I suspect in most cases it will be the local council that is the actual landowner.

    the "car in front hit it so its mine" rule has no standing in law and is an urban myth to admonish culpability.
    if you lift a deer into the back of your car you are poaching unless you own that land, in the same way if you shoot a pheasant and it falls over your boundary/march...you are poaching by retrieving it (without consent).

    cant say any of that has ever stopped me though

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