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STATES OF JERSEY
CATS: ADDITIONAL PROTECTION WHEN INVOLVED IN ROAD TRAFFIC ACCIDENTS (P.30/2019) – AMENDMENT
Lodged au Greffe on 16th May 2019 by Deputy J.M. Maçon of St. Saviour
STATES GREFFE
2019 P.30 Amd.
CATS: ADDITIONAL PROTECTION WHEN INVOLVED IN ROAD TRAFFIC ACCIDENTS (P.30/2019) – AMENDMENT
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PAGE 2 –
For the words "protection under either the Road Traffic (Jersey) Law 1956, Highway Code or Animal Welfare (Jersey) Law 2004, in order to ensure that drivers involved in accidents in which cats are injured are required to contact the police", substitute the words "legal protection in the event of death or injury in a road traffic accident involving a motor vehicle, with the consultation to include consideration of the Road Traffic (Jersey) Law 1956, the Animal Welfare (Jersey) Law 2004 and other legislation as appropriate".
DEPUTY J.M. MAÇON OF ST. SAVIOUR
Note: After this amendment, the proposition would read as follows –
THE STATES are asked to decide whether they are of opinion
to request the Ministers for Infrastructure and the Environment to consult on how cats could be given additional legal protection in the event of death or injury in a road traffic accident involving a motor vehicle, with the consultation to include consideration of the Road Traffic (Jersey) Law 1956, the Animal Welfare (Jersey) Law 2004 and other legislation as appropriate.
REPORT
After meeting with the Equal Rights 4 Cats' group and taking their comments into consideration, I've amended the wording of the proposition (P.30/2019) to make it clear that a consultation is being requested. The group have formulated some comments in response to the Ministers and the Comité des Connétable s to consider (see Appendix 1), as well as providing some of the group's own research to examine how different jurisdictions have attempted to address this matter (see Appendix 2). They have also provided a timeline of events to demonstrate the group's dedication to this cause (see Appendix 3).
Financial and manpower implications
As with the main proposition, the direct financial implications of this amendment relate to the consultation process proposed, which can be absorbed from departmental budgets. However, if it is decided to amend legislation, then it is likely that there will be a number of resource implications for the Police and Parishes, as well as a potential cost to the Public if a cat licensing system is introduced.
Comments on Ministerial response to cat petition
and e-mail of Deputy J.M. Macon of St. Saviour dated 26th April 2019
- Ministerial response
- Reference is made to the Highway Code having been updated. The fact is that I doubt that anyone looks at the Highway Code after they have passed their driving test. I have to say that I was not aware of this change until it was highlighted in the current debate.
- In any event, breach of the Highway Code does not, of itself, create a criminal liability. Article 85 of the Road Traffic (Jersey) Law 1956 ("RTL") states that a failure on the part of any person to observe any provision of the Highway Code shall not, of itself, render that person liable to criminal proceedings.
- It is said that changing the RTL would put a severe burden upon the paid and honorary Police by way of resources and time. It goes on to say that making accidents with cats reportable under the 1956 Law, which requires the Police to attend every incident, (emphasis mine) would place a strain on resources. My reading of the RTL suggests that such is an inaccurate interpretation of the RTL. Article 52 is the Article that sets out the duty of a driver in the case of an accident. That duty is to immediately inform a Police Officer of the occurrence of the accident, and not to move the vehicle without the consent of a Police Officer. There is no provision that the Police actually have to attend the incident. By way of example: I know of a case where someone backed into an unattended
vehicle on one of the piers in town, causing minor damage to the other vehicle. He phoned the Police. They asked various questions, took some details over the phone, and that was it. They did not attend. It will need to be checked with the Police, but I anticipate that in a large number of minor' incidents, the Police deal with the matter over the phone, rather than attending in person. In the case of a cat, a phone call could be made, details taken, and then the Police make one further phone call to the JSPCA. Surely not a huge amount of resources involved.
- The report of the Connétable s says: In 2018 there were 17 reports to the States of Jersey Police of an RTA involving a dog, but only 3 where the driver failed to report the accident. Police resources are required to create and maintain a record of each report. In 14 of these cases there was no offence committed under Article 52, as the driver reported the accident.'. It would be interesting to ascertain if the Police actually attended the 14 incidents, or only dealt with them by phone.
- Reference is then made to the fact that all domestic animals, including cats, are sufficiently protected from cruelty under the Animal Welfare (Jersey) Law 2004 ("AWL"). It would be interesting to ascertain how many prosecutions there have been under this Law, and the facts surrounding each case. I would hazard a guess that if there have been prosecutions, they have been in cases of extreme neglect and cruelty.
- In any event, the cat issue does not sit comfortably under the AWL. This Law is described as: A LAW to consolidate and revise the laws promoting the welfare of animals and the prevention of suffering by animals, to regulate the keeping and use of animals, and for connected purposes.'.
If one then looks at Articles 4 and 5 –
4 Cruelty and unnecessary suffering
- It shall be an offence for a person to cruelly beat, kick, cut, impale, burn, stone, crush, drown, drag, asphyxiate, over-drive, overload, over-ride, torture, worry, infuriate, terrify, ill-treat or do any like act to any animal.
- It shall be an offence for a person, without reasonable cause or excuse, to do or omit to do any act so as to cause unnecessary suffering to a domestic animal or captive animal.
- It shall be an offence for a person to convey or carry any domestic animal or captive animal in such manner or position as to cause the animal unnecessary suffering.
- It shall be an offence for a person to tether any domestic animal or captive animal under such conditions or in such manner as to cause the animal unnecessary suffering.
- If, on the trial of the owner or a person having care of a domestic animal or captive animal charged with an offence under paragraph (2), (3) or (4) in respect of that animal, the court or jury, as the case may be, is of the opinion that the accused is not guilty of that offence but is guilty of an offence under Article 5 then, without prejudice to any other powers of the court, the accused may be found guilty of an offence under Article 5.
5 Neglect and abandonment
- It shall be an offence for the owner or person having care of a domestic animal or captive animal, without reasonable cause or excuse –
- to omit to supply the animal with –
- fresh drinking water, and
- a wholesome diet appropriate to its species, age, weight and behavioural and physiological needs,
in sufficient quantity and with sufficient regularity to maintain the animal in good health and promote a positive state of well-being;
- to omit to provide the animal with suitable shelter sufficient to the maintenance of its good bodily condition;
- to omit to provide the animal with veterinary care sufficient to maintain the animal in good health or, where such maintenance is not possible, to prevent any unnecessary deterioration in the animal's health or any unnecessary suffering; or
- to abandon or cause or procure the abandonment of the animal, whether permanently or not, in circumstances likely to cause it unnecessary suffering.
- A person guilty of an offence under this Article shall be liable to a fine of level 3 on the standard scale.'
Article 4(1) would not be applicable to a car accident involving a cat. Article 4(2) might be applicable, but if one reads Articles 4 and 5, it would seem that a car accident with a cat was not what the legislation was aiming at. I doubt whether prosecutors would think of this Article in the case of an accident involving a cat.
1.6 The Ministers then go on to explain that the reason why cats are not included in the RTL is that the owners of horses, cattle, asses, mules, sheep, pigs, goats and dogs have a duty of care' to keep those animals under control. The duty of care' is a concept well-known in negligence (civil/common law, as against criminal law), but the RTL is a criminal matter with criminal sanctions. I am aware of the Dogs (Jersey) Law 1961, which imposes upon an owner of a dog a duty to keep it under control, but I am not aware of any statute law requiring owners of cattle, asses, mules, sheep, pigs and goats to keep them under control. It would be interesting to ask the Ministers to which Law they are referring.
- Deputy Maçon's e-mail
In his e-mail of 26th April he said: ...... they weren't clear how the law was deficient at the moment and wanted clarity '.
I have 3 possible suggestions.
The first is that Article 52(3) of the RTL is amended to include cat'.
The second is that Article 52 of the RTL is amended by the introduction of a new sub-paragraph (c) in Article 52(1), which would provide that in the case of injury or death involving a cat, the driver must stop and report the matter to the JSPCA or, failing that, to the duty Centenier of the Parish. (This is similar to the Highway Code.) Article 52(2) would remain, so that if there was a failure so to do, that would make the driver liable to a fine or imprisonment.
Thirdly, a new Article to be inserted under Part 5 (Miscellaneous and Supplemental) of the AWL (maybe Article 36A), providing that anyone who kills or injures a cat has to report it to an authority (Parish? Police?), who would log it and call the JSPCA, etc.
- Comments on Comité des Connétable s' report
One needs to start with an understanding that neither the petition nor the proposition were drafted by a lawyer or a Law Draftsman, and accordingly the language might not be as tight' as could be the case. It is important to look at what the petitioners are trying to achieve, rather than analysing every word and phrase.
Against that background, one has to take issue with the second paragraph of the comments. What are the States being asked to do? They are being asked to request that the relevant Ministers consult on how cats can be given added protection when injured (and I would add, killed) in an RTA. The rest of the wording of the proposition can be regarded just an expansion of that basic request, and should not detract from the generality of the request to consult. It is through the process of the consultation that issues like the impact on Police resources can be examined.
One should consider what the purpose/s or reasoning was behind the initial adoption of Article 52 of the RTL. A driver is required to report an accident which causes damage or injury to (amongst others) persons or animals. The purpose would surely have been twofold: so that the injured person or animal could receive timely treatment, and to investigate if a criminal offence had been committed. If animal welfare was an issue (and it surely was), it is hard to see why there should be a distinction between a horse on the loose, a Yorkshire Terrier (out on a frolic of its own), and a cat.
If one follows the above line of reasoning, then paragraph 4 of the comments has little relevance. In addition, I wonder how many people know of the stipulation in the Jersey Highway Code? I would imagine very few. In any event, the failure to abide by the Highway Code does not of itself render a person liable to criminal proceedings.
As to the paragraph commencing: In 2018 there were 17 reports ', I have to take issue with that. If a matter is reported to the Police, one would anticipate (just as they do with the other listed animals), that they have procedures in place to contact owners/JSPCA to get the animal treated if injured. Timely treatment could well save the animal's life.
With regard to the penultimate paragraph, the matter of policing is surely something to be considered at the next stage, i.e. when the Ministers consult.
Surely one should look at the bigger picture, rather than nit-pick over wording used. In the modern day, there is no justification for making a distinction between a pet dog and a pet cat so therefore amend Article 52(3) to include cat' in the definition.
Despite the changes to the Highway Code, please note the date of this post – clearly it's not seen as enough of a disincentive to report an incident, and more needs to be done.
World Responses to Cat Hit and Run Laws | |||
Country | Yes | No | Comments/Replies/Information found on Web |
Australia (Victoria) |
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| The Road Safety Act 1986, Section 61, states that it is the duty of the driver of a motor vehicle whereby an accident occurs and any person or any property (including any animal) is damaged or destroyed to:
(f) if any property is damaged or destroyed and neither the owner of the property nor any person representing the owner nor any member of the police force is present at the scene of the accident, must as soon as possible report in person full particulars of the accident at the police station that is most accessible from the scene of the accident if that station is open and, if it is not open, at the next most accessible station. The Act does not reference specific animals that fall under this provision, therefore domestic cats would be included. Moreover, Vic Roads advises that if a domestic animal is hit "you should stop if you can do so safely or slow down and steer around the animal in a controlled manner" and " if the animal is a domestic pet, you should contact the owner, the police, your local council or the RSPCA. If the animal is injured you should take it immediately to the nearest animal shelter or vet". Please see the following links for further information: https://www.vicroads.vic.gov.au/safety-and-road- |
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World Responses to Cat Hit and Run Laws | |||
Country | Yes | No | Comments/Replies/Information found on Web |
Netherlands |
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| Report an accident There are a few laws in the Netherlands that state that you have to report this incident like you described. Dutch traffic law states in article 7 that you have to report an accident. Therefore you also need to report running over a cat. Also when the cat is owned by someone you need to report damages to someone's property. And last but not least the health and welfare law for animals states in article 26 that you have to help an animal in need. These laws are not only for cats but for all animals. More information If you have any further questions, please visit our website: mijn.rvo.nl. Or contact us at 088 042 42 42 |
(local rate). If you are calling from outside the Netherlands, please dial +31 70 379 80 00. | |||
Switzerland (Basel) |
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| The obligation to report an animal that is injured in an accident is regulated in our traffic law. Art. 51, para. 2, of this law states: "If only material damage has occurred, the injuring party must inform the injured party immediately and give his name and address. If this is not possible, he must inform the police immediately." Section: Behavior in case of accidents Art. 51 1 In the event of an accident involving a motor vehicle or bicycle, all parties must immediately stop. If possible, you should ensure the security of the traffic. 2 If persons are injured, then all parties involved have to provide assistance to those who are not involved, as far as they can reasonably expect. The participants, primarily the drivers, have to inform the police. All participants, including passengers, have to participate in the determination of the facts. Without the consent of the police, they may only leave the scene of the accident if they need help themselves, or call for help or the police. 3 If only property damage has arisen, the injuring party must immediately inform the injured party and give the name and address. If this is not possible, he must notify the police immediately. 4 In the event of accidents at level crossings, the parties involved must notify the railway administration immediately. |
World Responses to Cat Hit and Run Laws | |||
Country | Yes | No | Comments/Replies/Information found on Web |
USA (Portsmouth) |
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| In Portsmouth, cats are covered more directly. The city has an ordinance Section 6.713: "Abandonment of Animals," which states "... It shall be unlawful for any person who, while operating a motor vehicle on any public way in the city, strikes and injures or kills any dog, cat or domestic animal, to continue without stopping such vehicle at the scene as soon as possible, to render aid and assistance to such animal." "They have to report it to the pet owner or police officer either at the scene or at the nearest police station," Wallace said, "or they can be issued a summons, and the fee schedule for that would be $50 for a first offense, $75 second, and $100 for the third (and each subsequent offense)." Wallace adds that, while these particular cases are listed as violations, they could turn into animal cruelty cases if an owner fails to get medical attention for their animal. "Unfortunately, there's no cut-and-dry solution for the animals," said Virginia MacDonald, of the NHSPCA. "We really handle it on a case-by-case basis. What we're hoping is, obviously, to put the animal's best interests in mind. Because this cat or dog has a potential owner, we can contact the owner and they can step in as soon as possible." |
USA (Florida) |
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It's illegal to flee the scene if you hit a pet while you're operating a vehicle. If you hit a pet, you must stop your car and remain at the scene. You must either make contact with the pet's owner and exchange information or call the police. It's a misdemeanor in Tampa and in the entire State of Florida to commit a hit and run involving a dog or other pet.
For the purposes of Florida's hit and run laws, a pet falls under the category of personal property. Even though a pet is so much more than personal property, the rules that apply to all types of personal property also apply to dogs, cats, and other animals for the purposes of hit and run laws.
Florida law 316.061 requires a driver to stop their vehicle and return to the scene anytime they are in an accident that involves a pet. To comply with the law, you must stop your vehicle as close to the scene as you can. You must return to the scene and remain there until you do the |
World Responses to Cat Hit and Run Laws | |||
Country | Yes | No | Comments/Replies/Information found on Web |
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| things that you have to do under Florida law 316.062. For your own safety, and to comply with the law, it's important to park your vehicle in a way that you stay out of the way of traffic as much as possible. Once you stop your vehicle, you must give your contact information to the property owner or in this case, the pet owner. You must give them your name, address, and vehicle registration number. You must show them your license if they ask. If any person is physically injured, you must render aid or call for medical help. If there's any chance that someone is physically injured, it's important to call for emergency responders right away.
It's a second-degree misdemeanor to flee the scene of a pet accident. The penalties may include up to 60 days in jail and a fine of up to $500. If there are other factors at play in the hit and run, the charges may be more serious, or you may face additional charges. You have a constitutional right to a trial and the right to call witnesses. If you're convicted, it's up to the judge to determine the appropriate sentence given all of the circumstances of the case.
A driver who is to blame for an accident involving a dog or a cat may be responsible to the pet owner for their damages. Each driver in Florida must carry at least $10,000 in property damage liability in case they're at fault in an accident. If they're at fault for hitting a pet, their insurance can cover their personal liability for the related damages. If the damages exceed $10,000, the driver may have to pay for those damages out of pocket if they don't have additional insurance. Personal injury claim damages may include veterinary bills. If a pet dies from their injuries, it can also cover burial and the cost of a new pet. Any financial loss that the pet owner has because of the accident may fall under the driver's property damage liability. |
World Responses to Cat Hit and Run Laws | |||
Country | Yes | No | Comments/Replies/Information found on Web |
USA (New York) |
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| Any person operating a motor vehicle which shall strike and injure any horse, dog, cat or animal classified as cattle shall stop and endeavor to locate the owner or custodian of such animal or a police, peace or judicial officer of the vicinity, and take any other reasonable and appropriate action so that the animal may have necessary attention, and shall also promptly report the matter to such owner, custodian or officer (or if no one of such has been located, then to a police officer of some other nearby community), exhibiting his or her license and insurance identification card for such vehicle, when such card is required pursuant to articles six and eight of this chapter, giving his or her name and residence, including street and street number, insurance carrier and insurance identification information and license number. In addition to the foregoing, any such person shall also:
pursuant to article forty-four-B of this chapter if such person is a TNC driver operating a TNC vehicle at the time of the incident who was (A) logged on to the TNC's digital network but not engaged in a TNC prearranged trip or (B) was engaged in a TNC prearranged trip; and
(B) was engaged in a TNC prearranged trip. Violation of this section shall be punishable by a fine of not more than one hundred dollars for a first offense and by a fine of not less than fifty nor more than one hundred fifty dollars for a second offense and each subsequent offense; provided, however where the animal that has been struck and injured is a guide dog, hearing dog or service dog, as such terms are defined in section forty-seven-b of the civil rights law which is actually engaged in aiding or guiding a person with a disability, a violation of this section shall be punishable by a fine of not less than fifty nor more than one hundred fifty dollars for a first offense and by a fine of not less than one hundred fifty dollars nor more than three hundred dollars for a second offense and each subsequent offense. |
World Responses to Cat Hit and Run Laws | |||
Country | Yes | No | Comments/Replies/Information found on Web |
South Korea |
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| In South Korea (where we are primarily based,) there are no laws concerning hitting animals with a vehicle. |
Sweden |
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| Thank you for your e-mail. We have the exact same law in Sweden as you have in Jersey. And we are also trying to change that thru politicians and other campaigns. |
Asia |
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| Thank you for getting in touch. Unfortunately, a cat does not fall within the remit of the Road Traffic Act and therefore you do not need to report the incident to the police (as long as there are no other factors involved). If you hit a dog or other animal mentioned in the Road Traffic Act 1988 you are legally required to inform the police. If the animal isn't wearing a tag and you aren't able to trace its owner you must report the incident within 24 hours to a police officer or at your local police station. I'm sure you will appreciate that, as a small group of passionate individuals, we cannot tackle every issue directly. There are so many enormous issues facing animals in China, Vietnam, and other Asian countries where we have our expertise. I apologise for not being able to provide any more help with this matter however you could try the RSPCA; as a national UK charity they may have more information on this particular issue. |
New Zealand |
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| Thank you for your email. In New Zealand under the Animal Welfare Act 1999 (the Act) there is no specific reference to requiring a person to render assistance if an accident such as hitting an animal on the road happens. In the event that a person swerved or drove a direct pathway to deliberately hit an animal with their vehicle, this could be considered an ill treatment offence under the Act but if a dog or cat runs out into the path of a vehicle, it is not the fault of the driver. Most people would stop to render assistance but it isn't a legal requirement. |
India |
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| Response I received: I don't think there is such a law in India regarding cats. |
World Responses to Cat Hit and Run Laws | |||
Country | Yes | No | Comments/Replies/Information found on Web |
Brazil |
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Basic legislation in Brazil includes Decree 24,645/1934 from 1934, which established protection against cruelty and ill treatment for animals, especially working animals, and is still in effect. Article 3 of the 1934 Decree prohibits various conducts including abandoning a sick, injured or mutilated animal; failing to provide an animal with all that is necessary, including veterinary assistance; and denying a quick death, free of suffering, to an animal whose death is necessary, whether or not it is for consumption. Article 32 of Law 9,605/98 (Regulating criminal and administrative penalties relating to behaviour and activities harmful to the environment, 1998) prohibits engaging in an act of abuse or mistreatment, or injuring or mutilating wild, domestic or domesticated animals, native or exotic, including circumstances where cruelty is carried out for as experimentation for educational or scientific purposes. Article 37, however, provides an exception where these actions are carried out under conditions of need, to satisfy the hunger of the agent or his family; to protect works, orchards and flocks from the predatory or destructive actions of animals, provided that this is legal and expressly authorised by the authorities with jurisdiction; or by reason of the animal(s) being harmful. Are enforcement mechanisms in place in policy and legislation? Decree 24.645/34 and Brazil's Constitution place all animals under the protection of the State. Their interests may be represented in court by the Public Prosecutor or by NGOs.[1] Local authorities should therefore feel obliged to enforce the law if incidences of cruelty and abuse are brought to their attention. Offences under the 1934 law are considered as misdemeanors incurring fines. Penalties under Article 32 of Law 9,605/98 are more serious. The penalty for engaging in an act of abuse or mistreatment is imprisonment of three months to one year, and a fine. The penalty shall be increased by one-sixth to one-third in the event of the death of the animal. | |||
Canada (Vancouver) |
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I can't see anything here. | |||
Belgium |
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| No response. |
APPENDIX 3
"Jersey Cats Hit and Run" Campaign Timeline of events