Hitting a pigeon when driving

Ditzy_Mitzy

I used to live in the country and got fairly used to mowing down cute creatures.  The BMW I had at the time (an old one, more drug dealer than middle-manager) was responsible for flattening various rabbits and squirrels and, on one occasion, a vole or similar.  Felt terrible about that last one.

The German car was, however, no match for a diesel Ford Focus we had in the works motor pool.  I don't know if it was quiet when running at a steady speed or whether something about the shape made it hard to see, but it just kept killing things, bird and mammal alike.  Most memorable was a pigeon outside Chelmsford Cathedral: the bird swept down and straight into the radiator grille of the approaching Ford.  I stopped, obviously, and got out expecting to receive an opprobrious reaction from the many shoppers passing, but instead the good people of Chelmsford fell about laughing as if they had witnessed something off 'You've Been Framed'.  

Mistral001

[Deleted User] said:

Mistral001 said:

Isn't this not a matter of whether the animal is considered property or not?  So strictly speaking if this particular bird had a ring on it suggesting that it was a racing pigeon it would be considered the property of someone.  However, I do not think you could be blamed if you did not notice the ring.

No. The law [Road Traffic Act 1988, s.170(1(b))] specifically distinguishes between "animals" and "other property", and it defines animal to mean horse, cattle, !!!!!!, mule, sheep, pig, goat or dog. 

So far as the Act is concerned, the ownership of the pigeon is irrelevant.

A pigeon would not come under the Act if it was a wild pigeon, but I was referring to a racing pigeon, which would come under "other property" since it is the property of someone.

Car_54

Mistral001 said:

Car_54 said:

Mistral001 said:

Isn't this not a matter of whether the animal is considered property or not?  So strictly speaking if this particular bird had a ring on it suggesting that it was a racing pigeon it would be considered the property of someone.  However, I do not think you could be blamed if you did not notice the ring.

No. The law [Road Traffic Act 1988, s.170(1(b))] specifically distinguishes between "animals" and "other property", and it defines animal to mean horse, cattle, !!!!!!, mule, sheep, pig, goat or dog. 

So far as the Act is concerned, the ownership of the pigeon is irrelevant.

A pigeon would not come under the Act if it was a wild pigeon, but I was referring to a racing pigeon, which would come under "other property" since it is the property of someone.

Again, the Act is quite specific, and covers only other property "constructed on, fixed to, growing in or otherwise forming part of the land on which the road [or place] in question is situated or land adjacent to such land.", which seems to rule out your hypothetical racing pigeon.

castle96

Magpies are NOT protected. All countryfolk know that they are VERMIN and should be destroyed at EVERY opportunity. Do some research

Car_54

castle96 said:

Magpies are NOT protected. All countryfolk know that they are VERMIN and should be destroyed at EVERY opportunity. Do some research

According to the National Gamekeepers' Organisation, magpies "are therefore now fully protected and it is a serious offence for anyone to kill or catch them unless they have been granted an Individual Licence by NE to do so." 

https://www.nationalgamekeepers.org.uk/articles/the-16-pest-bird-species-are-currently-fully-protected-in-england

Do you know something they don't?

uknick

shiraz99 said:

Ebe_Scrooge said:

shiraz99 said:

uknick said:

I think this comes under, "you couldn't make it up".

Yet someone sure did 😂

I don't think the part about hitting the deer is made up.  Round here we get hundreds of them, they're a menace.  Often on the motorways as well.  You'll see loads of dead deer on the motorway verges and central reservations at certain times of the year.  And hitting a deer at 60 or 70 mph is going to make a right mess of your car.

I was referring to the OP.

If you're referring to my post, it did happen.  I was coming back from a concert in London when I hit the deer in my 2 month old Citroen AX Gt.  Unfortunately, back in 1990 phone cameras were just a figment of the imagination, otherwise I'd have taken some pictures and posted them.  Of course, Rudolph or whoever it was, just bounced off and ran away.  No great surprise it was tougher than a Citroen of that time   

castle96

England - The British Association for Shooting and Conservation (basc.org.uk)

Mistral001

[Deleted User] said:

Mistral001 said:

[Deleted User] said:

Mistral001 said:

Isn't this not a matter of whether the animal is considered property or not?  So strictly speaking if this particular bird had a ring on it suggesting that it was a racing pigeon it would be considered the property of someone.  However, I do not think you could be blamed if you did not notice the ring.

No. The law [Road Traffic Act 1988, s.170(1(b))] specifically distinguishes between "animals" and "other property", and it defines animal to mean horse, cattle, !!!!!!, mule, sheep, pig, goat or dog. 

So far as the Act is concerned, the ownership of the pigeon is irrelevant.

A pigeon would not come under the Act if it was a wild pigeon, but I was referring to a racing pigeon, which would come under "other property" since it is the property of someone.

Again, the Act is quite specific, and covers only other property "constructed on, fixed to, growing in or otherwise forming part of the land on which the road [or place] in question is situated or land adjacent to such land.", which seems to rule out your hypothetical racing pigeon.

What about a real racing pigeon rather than a hypothetical one?

Car_54

Mistral001 said:

[Deleted User] said:

Mistral001 said:

[Deleted User] said:

Mistral001 said:

Isn't this not a matter of whether the animal is considered property or not?  So strictly speaking if this particular bird had a ring on it suggesting that it was a racing pigeon it would be considered the property of someone.  However, I do not think you could be blamed if you did not notice the ring.

No. The law [Road Traffic Act 1988, s.170(1(b))] specifically distinguishes between "animals" and "other property", and it defines animal to mean horse, cattle, !!!!!!, mule, sheep, pig, goat or dog. 

So far as the Act is concerned, the ownership of the pigeon is irrelevant.

A pigeon would not come under the Act if it was a wild pigeon, but I was referring to a racing pigeon, which would come under "other property" since it is the property of someone.

Again, the Act is quite specific, and covers only other property "constructed on, fixed to, growing in or otherwise forming part of the land on which the road [or place] in question is situated or land adjacent to such land.", which seems to rule out your hypothetical racing pigeon.

What about a real racing pigeon rather than a hypothetical one?

That too, unless you can spot a loophole that I haven't.

theatretony

Best I saw was in Scarborough - A large seagull went for a dropped chip in the road just as car passed. That injured it, then over the next 5 minutes, it had become as flat as a pancake as other cars went over it. The other seagulls were also trying to eat the remains of the dead gull.....