PART VIILAWFUL AND UNLAWFUL INTERFERENCE WITH ROADS

Other interference with roads

Animals on a road93

1

Any person who—

a

turns loose any animal onto a road; or

b

by negligence or illusage in driving any animal on a road causes any person to be injured or property to be damaged by such animal,

shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

2

If any animal is at any time found wandering or lying on or at the side of the road, the keeper thereof shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

3

For the purposes of paragraph (2) it shall be a defence for the keeper of an animal to show—

a

that he took reasonable precautions to prevent the animal from wandering onto the road; or

b

that the animal had wandered onto the road from unfenced land and that—

i

the land is situated in an area where fencing is not customary, and

ii

that he had a right to place the animal on that land.

4

In this Article—

  • “animal” means any horse (including pony, ass and mule), cattle, sheep, goat or swine or any deer not in the wild state; and

  • “keeper” has the same meaning as in Article 2(2)(b) of the Animals (Northern Ireland) Order 197635.