Roadkill

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Xim

Well-Known Member
Please settle an argument of some of my friends and i who were discussing the law regarding roadkill.

scenario.1 : i hit a deer and kill it outright.

q1:does the deer belong to the owners of the highway ?
q2:am i breaking the law if i put the dead deer in the boot of the car and take it home , gralloch etc

scenario 2 i hit a deer and do not kill it outright.

q1: am i breaking the law by killing the deer there on the road. and then taking it home. (bearing in mind i do not carry a humane means of dispatching a deer in the car normally :) except maybe some tools ?
 

Monkey Spanker

Well-Known Member
Xim said:
Please settle an argument of some of my friends and i who were discussing the law regarding roadkill.

scenario.1 : i hit a deer and kill it outright.

q1:does the deer belong to the owners of the highway ?
q2:am i breaking the law if i put the dead deer in the boot of the car and take it home , gralloch etc

scenario 2 i hit a deer and do not kill it outright.

q1: am i breaking the law by killing the deer there on the road. and then taking it home. (bearing in mind i do not carry a humane means of dispatching a deer in the car normally :) except maybe some tools ?

I am no lawyer but am pretty sure that a wild deer belongs to whoevers land it is on at the time whether it is dead or alive. Therefore it would technically belong to the local council. It is one of those grey areas I'm afraid where you will struggle to get an accurate answer.
You could argue the point that you are doing a public service by removing a hazard on the highway. Hitting one deliberately would definitely be breaking the law as well as pretty stupid!

Humane dispatch with a firearm should only be carried out by a police authorised person who is suitably covered by insurance. This can be done with or without police presence. I don't think anyone could be charged with an offence for despatching a wounded animal by any means as long as it was done humanely. I always carry a knife, and it doesn't have to be borrowed from 'Rambo' to kill even the largest deer if you know what to do with it. The normal bleed point can easily be found by running your hand down the windpipe until you feel a natural stop point which I suppose is the equivalent to the top of our sternum. Insert knife and cut sideways in both directions. The knife will travel no great distance but severs both major blood vessels to the brain and blood will gush out dramatically. Deer passes away quickly due to massive loss of blood to brain. Don't try this with a big lively stag or buck with a set of antlers though or it will most likely be You that is dispatched! If in doubt, call the police as there will be a local humane dispatcher on call somewhere. The RSPCA are quite realistic too when it comes down to it but rarely have the means to deal with awkward ones. I often get called by them as well!
Don't forget though, there is no point taking it home anyway as it should not enter the food chain!! :rolleyes:
It is also well documented that deer that die stressed taste awful. I have tasted numerous roadkill deer (purely for research purposes :oops: )and must admit that I can't tell the difference personally! They do make good dogfood though!
 

Xim

Well-Known Member
thanks for your reply monkey spanker

i was under the impression that , the deer didn't belong to anyone until it was dead.

and in the 1st scenario when its been killed outright immediately it would be suitable for my own consumption, or so i am to believe.

by throwing it into the back of your car (hypothetically) and being reported by another road user i'm wondering how much trouble you could possibly find yourself in.
 

JAYB

Administrator
Site Staff
Your right, the deer belongs to no one until it is dead, then it gets tricky, if you own the land it is on, and or the shooting rights then it is pretty clear cut. Now as to the legality of who owns it after you knocked it down it gets a bit grey. I would suggests that if anyone complains that you have taken their deer then you should ask for compensation for the damage done to your car :eek: , that should stop any arguments :D

John
 

Trapper

Well-Known Member
JAYB
Or the car in front who hit it! Oh deer !
As I was told as a lad , probably by some old poacher !, if you hit a rabbit or pheasant you can't retrieve it coz its poaching. However the bloke behind you can !! Because its not illegal then ! guess the same applies to Deer!, :eek: bearing in mind whether its dark ! and the bloke in front has legged it in his motor! 8) do you have a spanner in the boot or a casual aid for dispatch like a Knife, I am sure we don' all have a 12g in the boot just in case ! of these eventualities,. If the deer is a stiffy before you get there !. Perhaps a thought is it has already been dispatched by a vet! unlikely but if it was full of immobilin! you wouldn't' get a spark out of your nether regions for some considerable time !! :cry:
I have been sorely tempted in the past to retrieve said beast ! from the roadside , my personal ethic I'd drag it away into cover , wish it well and let other animals benefit from the carcass.
Regards
Trapper
 

devilishdave

Well-Known Member
Xim said:
Please settle an argument of some of my friends and i who were discussing the law regarding roadkill.

scenario.1 : i hit a deer and kill it outright.

q1:does the deer belong to the owners of the highway ?

Yes

q2:am i breaking the law if i put the dead deer in the boot of the car and take it home , gralloch etc

Yes if you dont have permission of the owner of the land on which the deer lies dead. The reality is if the public road the highways agency wont be botherd if you take the road kill.

scenario 2 i hit a deer and do not kill it outright.

q1: am i breaking the law by killing the deer there on the road. and then taking it home. (bearing in mind i do not carry a humane means of dispatching a deer in the car normally :) except maybe some tools ?

Yes, see above

Dave
 

Xim

Well-Known Member
Trapper said:
JAYB
Or the car in front who hit it! Oh deer !
As I was told as a lad , probably by some old poacher !, if you hit a rabbit or pheasant you can't retrieve it coz its poaching. However the bloke behind you can !! Because its not illegal then ! guess the same applies to Deer!, :eek: bearing in mind whether its dark ! and the bloke in front has legged it in his motor! 8) do you have a spanner in the boot or a casual aid for dispatch like a Knife, I am sure we don' all have a 12g in the boot just in case ! of these eventualities,. If the deer is a stiffy before you get there !. Perhaps a thought is it has already been dispatched by a vet! unlikely but if it was full of immobilin! you wouldn't' get a spark out of your nether regions for some considerable time !! :cry:
I have been sorely tempted in the past to retrieve said beast ! from the roadside , my personal ethic I'd drag it away into cover , wish it well and let other animals benefit from the carcass.
Regards
Trapper



:)

uhhh thanks trapper i think (!!!!!!!!!)

dont really know what or how many points your trying to make but it cheered me up :D
 

Trapper

Well-Known Member
Xim
Just trying to lighten things up a little.
I suppose the definative answer is to ask the DEER INITIATIVE for there guidance notes on road kill/hits . They run courses for there authorized call out people, I am told that the notes are comprehensive, perhaps they will settle , your enquiry .Other people on this site already do this sort of recovery on a call out basis, so I guess there input would be invaluable!.
Regards Trapper.
 

Nix Niveus

Well-Known Member
These are my thoughts:

scenario.1 : i hit a deer and kill it outright.

q1:does the deer belong to the owners of the highway ?

= Yes.

q2:am i breaking the law if i put the dead deer in the boot of the car and take it home , gralloch etc

= Yes (theft).

scenario 2 i hit a deer and do not kill it outright.

q1: am i breaking the law by killing the deer there on the road.

= No (if animal mortaly woulded/in severe pain - humane dispatch).
= Yes (if animal just e.g. stunned/unconscious/will recover - poaching).
= Yes (if you can't tell difference!/not qualifed and decide to bump it off just in case - poaching).

and then taking it home.

= Yes (theft).
 

Trapper

Well-Known Member
Gonna have some cheese n port at this stage ! Oh I am endex here !
Nix has it in a can!.
Trapper.
 

Xim

Well-Known Member
As Jayb stated what would be the possiblities for compensation to the land / road owner to the vehicle.

Would be interesting to know if you could say " you do not have adequate fencing to protect road and road tax payers from this sort of incident. therefore i hearby invoice you for the repairs"

:D
 

Nix Niveus

Well-Known Member
I'd say zero. Wild animal incidents come under Force Majeure - you can't make every road in the land deer proof.
 

gg33

Well-Known Member
Nix Niveus is bang on with his answers, all i will add is.

No one owns a deer until it falls dead, so you could never claim compo because actually you dont have to fence them in or out.

The Highway Authority (County Council) are only responsible for removing it from the Highway to the edge of the Highway and keeping the highway free to pass, it is the Borough Council (Enviromental Health) that will remove the carcass and dispose of it.

You can use any method to dispatch a deer that is suffering and mortaly injured, as bad as it sounds its better to die say with a wack over the head by a oak branch than for someone to let it suffer and die slowly.
 

arthursc

Well-Known Member
In reply to Nix answer;

q1: am i breaking the law by killing the deer there on the road.

= No (if animal mortaly woulded/in severe pain - humane dispatch).

Tread very carfully on this one as the authorsied person charged by the police to cull the deer could and even the police could contest your method of humane despatch...along with a vet or animal rights.

Your ultimate answers lay in the hand sof BASC or the Book, Deer Law and Liabilities.

Jamie from BASC southwest would give you the correct answer to this question as he has recently had to represent someone in court for exactly this reason. The old bill contested he experienced enough to humainly despatch the deer..along with the forestry rep!!!

All other replies from Nix were spot on.

Get the book, you won't regret it.
 

roe steak

Well-Known Member
Here's a thought,

you hit a deer and it's not dead, still doesn't belong to anyone so if it went in the boot of your car there's no offence right?

it would be a great excuse if challenged to say it wasn't dead when you picked it up and you were hoping you could help it! ;)
 

Paul 600

Well-Known Member
arthursc said:
In reply to Nix answer;

q1: am i breaking the law by killing the deer there on the road.

= No (if animal mortaly woulded/in severe pain - humane dispatch).

Tread very carfully on this one as the authorsied person charged by the police to cull the deer could and even the police could contest your method of humane despatch...along with a vet or animal rights.

Your ultimate answers lay in the hand sof BASC or the Book, Deer Law and Liabilities.

Jamie from BASC southwest would give you the correct answer to this question as he has recently had to represent someone in court for exactly this reason. The old bill contested he experienced enough to humainly despatch the deer..along with the forestry rep!!!

All other replies from Nix were spot on.

Get the book, you won't regret it.

I have the book and Nix is spot on! Just be aware of what arthursc said, It could be a nightmare!
 

stone

Well-Known Member
First question here Xim
you hav too proove you hav not run the deer over intentionaly
once that has been established that fact you can proceed
by you runninmg the deer over first of all and killing it outright then taking it home adds to the question of your motives
but to run it over and then hav to despatch then take it home
causes concern
try a bigger vehicle or reverse
only joking :evil:
animal cruelty comes in all forms
what you see and percieve as humane is not often what the public relate to regardless the law
 

legaleagle69

Well-Known Member
There are indeed many perils to be encountered whilst dispatching deer at the roadside, we know a cautionary tale about this don't we Stone ;)

A certain mutual friend whilst stood over a deer trying to find the altas joint with said rambo knife in hand recently went off down the road riding a deer that suddenly woke up after it had just bounced of a stunned asian blokes new Porsche
What a sight that must have been to see our "semi professional deer manager" doing a lapland cowboy impression :lol:
 
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