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Research - Hit and Run Law for Cats - Equal Rights for Cats Action Group - 28 July 2021

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World Responses to Cat Hit and Run Laws

Country

Yes

No

Comments/Replies/Information found on Web

Australia (Victoria)

 

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:

  1. immediately stop the motor vehicle; and
  2. must immediately render such assistance as he or she can;

(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-rules/road-rules/a-to-z-of-road-rules/animals

https://www.vicroads.vic.gov.au/safety-and-road-rules/road-rules/a-to-z-of-road-rules/animals page 247

 

 

 

World Responses to Cat Hit and Run Laws

Country

Yes

No

Comments/Replies/Information found on Web

Netherlands

 

Report an accident

There are a few laws in the Netherlands that state that you have to report this incident like you subscribed. 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.

 

World Responses to Cat Hit and Run Laws

Country

Yes

No

Comments/Replies/Information found on Web

Switzerland (Basel)

 

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.

USA (Portsmouth)

 

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,

 

World Responses to Cat Hit and Run Laws

Country

Yes

No

Comments/Replies/Information found on Web

 

 

 

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)

 

  1. Pet Hit and Run Laws

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.

  1. How Florida's Pet Hit and Run Laws Work

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.

  1. It's Against the Law to Flee the Scene

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

 

 

World Responses to Cat Hit and Run Laws

Country

Yes

No

Comments/Replies/Information found on Web

 

 

 

the scene and remain there until you do the 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.

  1. What's the Penalty for a Pet Hit and Run?

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.

  1. How Does Civil Liability Work for a Driver Who Hits a Dog or Cat?

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)

 

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: (i) produce the proof of insurance coverage required 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 (ii) disclose whether he or she, at the time such incident occurred, 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.  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.

South Korea

 

In South Korea (where we are primarily based,) there are no laws concerning hitting animals with a vehicle.

Sweden

 

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

 

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).

 

 

World Responses to Cat Hit and Run Laws

Country

Yes

No

Comments/Replies/Information found on Web

 

 

 

 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

 

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

 

Response I received: I don't think there is such a law in India regarding cats.

Brazil

 

 

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

 

World Responses to Cat Hit and Run Laws

Country

Yes

No

Comments/Replies/Information found on Web

 

 

 

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)

 

 

https://spca.bc.ca/i-need-help-with/laws-enforcement-in-your-community/

I can't see anything here.

Belgium

 

 

No response