DEPARTMENT FOR INFRASTRUCTURE
AMENDMENTS TO THE JERSEY HIGHWAY CODE REGARDING ROAD
ACCIDENTS INVOLVING CATS
Purpose of the Report
To request the Minister to approve an amendment to the Highway Code to create recommendations regarding road accidents involving cats.
Background
In 2015 an unfortunate accident occurred whereby the demise, in an inhumane manner, of a cat occurred after being overrun by a motor vehicle.
This led to public concerns being raised regarding the legal status of road accidents concerning cats. The Minister for Infrastructure subsequently agreed to consider the issue following a question from Deputy McClinton in the States on 3rd November 2015.
Discussion
“The Road Traffic (Jersey) Law 1956” (the “Law”) provides that in the event of an accident involving an animal the driver has a duty to report the incident to a Police Officer. However, the Law does not include a cat in the definition of animal.
Following advice received from the Law Officers’ Department and comment from the States of Jersey Police it is thought to change the Law to include cats in the definition would be a heavy handed approach to the problem and would place a severe burden both upon the paid as well as the Honorary Police by way of resources and time.
There is also no mention of accidents involving cats in the Jersey Highway Code.
It would be beneficial to change by way of additions to Article 4 of the Highway Code so that in the case of an incident or accident with a cat that contact should be made with the JSPCA as soon as possible, who will dispatch a pet ambulance to the scene of the accident.
Although not a requirement of the Road Traffic (Jersey) Law 1956, there is support for this course of action as it is an offence in the “Animal Welfare (Jersey) Law 2004” to do or omit to do any act so as to cause unnecessary suffering to a domestic animal (including cats).
In addition to the proposed amendment to the Highway Code, it is proposed that publicity will be progressed to inform the public of the recommended procedure and contact details for the JSPCA.
Recommendations
The Minister is recommended to approve the proposed amendments to the Highway Code and associated publicity.
The following additions by way of protocols to the Highway Code at the Annexes section - 4. Accidents, add the following:-
i) “(iv) In this Article “animal” does not include a cat”.
“4. c) “If you are involved in an accident or incident causing harm, damage, injury or death to a cat, wherever possible and where it is safe to do so and are able to, you should stop and inform the “Jersey Society for the Prevention of Cruelty to Animals” without delay by telephoning”:
08:00hrs – 17:00hrs Monday to Saturday Tel : 724331
All other times Tel: 07797 720331
Reason for Decision
To provide protocols in the event of a road traffic accident involving a cat.
Resource implication
DfI officers’ time in preparation of Highway Code changes and publicity.
Action Required
DfI Officers to alter the Highway Code and provide publicity.
Written by: Manager - Transport Policy
Approved by: Director of Transport