Reducing the Risk of Livestock on Unfenced Roads
A checklist to reduce accidents
This checklist highlights some broad principles, helping to reduce the chances of accidents that might cause death or injury:
Carry out a risk assessment and implement actions to minimise risks.
Cut back vegetation to allow maximum visibility. Consider stopping distances for typical speeds, e.g. 36 metres (118 ft) for 64km/h (40mph); 73 metres (240 ft) for 96km/h (60mph).
Select animals with a quiet temperament and, where a particular problem, those with a light colour are more visible.
Consider reflective collars and leg bands to improve visibility.
Consider changing animal behaviour by feeding and watering in strategic locations where this will reduce the number and frequency of animals crossing the road.
Consider “hefting” the animals in a location that reduces risk by herding/flocking them together away from roads and removing strays on a regular basis.
Consider temporary fencing and cattle grids to keep animals away from particularly dangerous roads. Note that this will require consent from the Secretary of State (see Fencing and Other Works).
Contact the Highways department to ask if they will install or upgrade road signs or other mitigating works to warn drivers and reduce vehicle speeds.
Contact the local police to ask if they will patrol the area with speed guns or install temporary speed signs during periods of greatest risk, e.g. lambing time.
Tip: If you want to introduce stock on to a common and need new signs, a new speed limit and improvements in policing, contact the Highways Department and local police at least 24 months before you need any mitigating works to be installed.
Risk assessments
You can either bring in an outside health and safety specialist to carry out a risk assessment for you, or produce one yourself. This process is not difficult but is certainly worthwhile and, if you keep a record on file and conduct regular reviews, it helps to record and demonstrate that you have acted responsibly in any cases where a dispute arises.
The process involves:
Identifying the main hazard points (usually more than one), e.g. a long straight road, with cars at high speed, where animals cross regularly to get to water.
Identify the risks (who might be harmed and how), e.g. cattle hit by cars at high speed, causingdeath or severe injury of passengers and animals.
Identify the control measures you have taken to reduce the risks, where this is needed and specifying how and when. For example, by introducing a speed limit/new signs/installing new water troughs, so animals do not have to cross the road to get water/re-hefting animals (see Hefting). See the checklist below for other options.
The risks are then re-assessed after the control measures are in place, with further regular reviews (which should be recorded) and with further control measures introduced if necessary. Investigating possible hazards will involve observing the current situation and asking local people, shepherds and herdsmen to find out the behaviour of existing animals. In this way, you can identify if one or two animals are causing problems, where animals like to cross roads, where they shelter from the weather, flies, sun etc. Pay particular attention to animal behaviour at night when animals are most difficult to see.
Also observe driver behaviour to identify locations where vehicles are driven at high speed.
Checklist of common hazards
Cars able to travel at high speeds, with many overtaking manoeuvres.
Hidden dips and bends.
Vegetation close to roads restricting visibility.
Animals having regular crossing points to water, feed or shelter.
Animals lying on the road at night in particular locations.
Animals licking the road when rock salt has been applied.
Water troughs and supplementary feeding sites close to the road, encouraging herding and flocking on the road, especially in periods of bad weather.
Animals sheltering behind trees, under bridges, close to walls, in hollows etc. in periods of bad weather.
When animals are new born, lambs, calves etc., consider implications of young animals not accustomed to traffic and animals suddenly running to each other when separated by the road.
Insurance
Much uncertainty exists around liability and insurance.
As clarified above, under normal circumstances the livestock owner will not be liable if a driver hits an animal on an unfenced road on a common.
Most farmers take out insurance to enable them to make a claim against the value of animals if they are maimed or killed. Where animals are grazing on a common with a high accident frequency, premiums are likely to be higher than normal and/or the policy excess limit will be increased. It is worthwhile speaking to any insurance company if you carry out a risk assessment and introduce control measures that reduce risk significantly, as there should then be grounds to reduce premiums or excess limits.
Tip: If introducing livestock on to a common for the first time, or the risks increase suddenly for some other reason, consider a publicity campaign for local people. Feedback from the police suggests that it is local people who are mostly responsible for speeding.