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Jersey Highway Code: Amendment: Road Accidents: Cats

A formal published “Ministerial Decision” is required as a record of the decision of a Minister (or an Assistant Minister where they have delegated authority) as they exercise their responsibilities and powers.

Ministers are elected by the States Assembly and have legal responsibilities and powers as “corporation sole” under the States of Jersey Law 2005 by virtue of their office and in their areas of responsibility, including entering into agreements, and under any legislation conferring on them powers.

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  • demonstrating that good governance, and clear lines of accountability and authority, are in place around decisions-making – including the reasons and basis on which a decision is made, and the action required to implement a decision

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A decision made 28 November 2016:

Decision Reference:    MD-T-2016-0105

Decision Summary Title :

Amendments to the Jersey Highway Code regarding road accidents involving cats.

Date of Decision Summary:

24 November 2016

Decision Summary Author:

 

Manager – Transport Policy

Decision Summary:

Public or Exempt?

 

Public

Type of Report:

Oral or Written?

Written

Person Giving

Oral Report:

N/A

Written Report

Title :

Amendments to the Jersey Highway Code regarding road accidents involving cats.

Date of Written Report:

24 November 2016

Written Report Author:

Manager – Transport Policy

Written Report :

Public or Exempt?

 

Public

Subject:   Amendments to the Jersey Highway Code regarding road accidents involving cats.

 

Decision(s): The Minister approved the proposed changes to the Highway Code, and associated publicity regarding informing the Jersey Society for the Prevention of Cruelty to Animals, in the event of a traffic accident involving a cat.

 

Reason(s) for Decision: To provide protocols in the event of a road traffic accident involving a cat.

 

Resource Implications: DfI officers’ time in preparation of Highway Code changes and publicity.

 

Action Required: DfI Officers to arrange changes to the Highway Code and associated publicity

 

Signature:

 

 

Position:

Minister for Infrastructure

 

Date Signed:

 

 

Date of Decision (If different from Date Signed):

 

 

Jersey Highway Code: Amendment: Road Accidents: Cats

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

 

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