What if a citizen knocked down a moose on the road? This question interests many. Indeed, in Russia very often various animals move along highways and roads. They are often shot down. There is a certain penalty for this action. Of course, there is a certain tactic of behavior. You should know exactly what to do in a collision with a moose, as well as understand what you do not need to do under any pretext. What should I look for?
Not ownerless
What to do if a moose shot down? In general, you should find out if there will be some kind of punishment for the committed act. It is one thing to assure of the onset of responsibility, and quite another is the actual application of sanctions against the driver.
Many believe that wild animals found on the roads are orphaned, no-man living creatures. This is actually not the case. In Russia, each living creature belongs to either a forestry partnership or a hunting community. A citizen brought down a moose? What threatens him in this situation? Responsibility to the ranger of the partnership to which the animal belonged.
Even if no fault
The main feature of the situation is that it doesn’t matter if the driver was really at fault in the collision or not. In any case, the responsibility will have to be borne by the citizen who was driving at one time or another. But why?
The thing is that if a person knocked down a moose, then he will have to answer under article of the Civil Code of the Russian Federation No. 1079. It is called "Responsibility for harm caused by activities of increased danger." And it doesn’t matter if the driver is really guilty or not. He must compensate all damage that has been caused to the hunting community or the forest community. This is important to understand.
Some are wondering if punishment can somehow be avoided, and also why it is the driver who will cover the blame and be responsible for the downed moose. After all, for example, the car also does some damage!
Source of increased danger
The Civil Code of the Russian Federation (in the article under study) indicates the source of increased danger. A priori, the responsibility will lie entirely on who owns the dangerous facility.
The machine just belongs to those. That is, a citizen who drives a car is a person who controls a source of increased danger. He must do everything to prevent damage to other people's property. This should be remembered. For this reason, you have to figure out what will happen if you bring down an elk by car. It is necessary to immediately prepare for the fact that even if the animal itself jumped onto the road so that the driver could not prevent a collision, it would be necessary to respond to the one who was driving during the accident.
Loophole in law
In general, article 1079 of the Civil Code of the Russian Federation provides for one small loophole that helps to avoid liability. Many people wonder whether it is possible to use it so as not to be legally responsible for having brought down a moose on the track. A moot point. It used to be impossible to use this secret. But now it's worth a try.
The thing is that you can not be afraid to bear responsibility for the violation if the cause of the collision was force majeure or the intent of the victim. In general, to believe in the version of elk suicide is very problematic. This is stupid. But sometimes you can use the DVR. If he can fix that the driver did everything to prevent an accident, maybe responsibility will be avoided.
In general, this loophole can be successfully applied when the driver knocks down a pedestrian. But in a collision with animals in practice, it practically does not work. Therefore, one should not hope that responsibility will be avoided. It is better to understand what to prepare for, as well as how to behave in the situation in question.
Cash recoveries
What threatens a downed moose? Fine! The liability that is imposed on the driver of the car is a cash payment. It is produced in favor of a hunting community or the forest community to which the downed animal belonged.
No further liability for the committed “crime” is provided. Of course, there are exceptions. But about them a little later. Therefore, if someone knocked down one or another animal on the road or highway to death, you will have to pay. How much exactly? Exact amounts are established in accordance with the law. It all depends on who they shot down.
High rates
It is already clear what threatens the downed moose. A fine is the responsibility that rests with the driver in this situation. And it doesn’t matter if there is his real fault or not. The fact remains that a citizen controlled a source of increased danger. So, it bears all responsibility.
Speaking about the size of the prescribed payments, we can warn you - a citizen will have to pay a lot. It all depends on the situation, but one downed male moose costs about 40,000 rubles. Therefore, one should not think that it will turn out to “pay off” without big expenses.
And if the driver shot down a moose cow, the size of the fine will increase. Female animals are always evaluated in larger sizes. How much exactly? This question should be clarified by the huntsman or the forest community. In any case, the fine will be more than 40 thousand rubles. There were times when for one downed moose cow citizens compensated more than 200,000 in damages. Enormously large payments are also found. For example, if a moose cow was pregnant. In this situation, it will be considered that a citizen shot down not just an elk, but several animals, including a female. Therefore, the minimum to prepare for is 40,000.
Don't die
In general, in some cases, you can not be afraid of anything. After all, if a citizen brought down a moose, he is able to avoid any responsibility. But such events are extremely rare. It is about when the collision did not entail the death of the animal.
Why? If the moose that rushed under the wheels of the car is able to move, he will do so in fright. In fact, there will be no liability on the citizen. All this is due to the fact that from the moment the moose independently left the road, it is impossible to prove the guilt of a particular person in relation to a particular animal.
What does it mean? If a citizen knocked down a moose, but not to death, and the latter was able to leave the highway, you can safely continue on your way. In any case, do not be afraid of responsibility. Further actions depend on the outcome of the incident.
Left the road
How to behave correctly if a downed moose leaves the road? It has already been said - you can leave. True, this is only in a situation where the car is not damaged too much and is able to move forward. If we are talking about the fact that the vehicle cannot go further, you will have to somehow find a way out of the situation.
What can be done? A citizen has every right to call a tow truck and get to the nearest car service in the village. The option is good, but you have to explain what it is. So, there is a risk of a fine on the driver.
Therefore, many choose a different path - call friends. They can take to the nearest car service. Then no one will know that there was a collision with a moose on the track at all. There is nothing illegal in this action. Therefore, one should not be afraid for the consequences. But you need to remember: the measures studied are possible only when the downed animal independently left the road into the forest.
Serious damage but no death
What threatens a downed moose? Fine in one size or another. But it can be avoided if the animal independently got out of the way after the incident. Sometimes it happens that the elk’s injuries do not entail his death, but he cannot leave the track either. What to do in this case?
Many people prefer to leave the scene. You cannot do that. A citizen must necessarily contact the huntsman of the partnership to which the animal belongs. Then you have to wait until the called "caretaker" arrives at the scene. The event will be committed.
Further actions are difficult to predict. Someone is asked to help the animal in exchange for the absence of a complaint about damage, some immediately call the traffic police to recover a fine from the driver. Therefore, you should be prepared for everything. Most often, the first option takes place. The main thing is for the animal to survive. But the second is not excluded.
If death has come
The most common option is a situation in which a downed moose dies on the spot. Of course, you cannot leave the scene. What then to do? What to do?
According to the law, a citizen must first call the traffic police on the highway. They come and record the fact of the collision and death of an elk. Next, it becomes clear which partnership the animal belonged to. The huntsman of the owner community is called to the scene. He also fixes the fact of death due to a collision with a car. Next is an assessment of the damage caused.
If you hit a moose, what is the fine? When it comes only to the male, you will have to, as already mentioned, pay 40,000 rubles. Otherwise, everything is purely individual. The huntsman calls the amount of the fine, the traffic police give the driver a paycheck. Now you can call the tow truck and get to the nearest village. Do not forget about paying the fine! Sometimes payment can be made by credit card immediately at the scene.
It is such an algorithm of actions that will be correct. In no case should you leave the scene of the "crime." It is also impossible to drag an animal out of the way to hide the fact that a person knocked down a moose. In this way, great trouble can be incurred.
Poaching
How exactly? A citizen who has decided to hide the traces of the violation may be accused of poaching. After all, if you think about it, it’s easy to find the one who touched the dead elk by the fingerprints. That is why it is better to act according to conscience and law. Not one punishment, but another.
In no case should you take a downed moose with you. Indeed, in this situation, this will be a direct indication of poaching. Even an injured animal is not recommended to be placed in a vehicle. It doesn’t matter if the driver is waiting for the moose to die or is in a hurry to help him. In any case, it is necessary to call the huntsman and wait until he arrives at the scene.
If the citizen decided to take the body with him, you can prepare in advance for a more serious punishment. Which one? A person will be judged according to the Criminal Code of the Russian Federation, under article 258. She is fined. But compared with Article 1079 of the Civil Code, the punishment is really serious. You will have to pay 200,000 rubles.
Possible sanctions do not end there. Poaching is a serious crime. Therefore, you should not think that the person who shot down the moose and took him away (or tried to do it) will manage to get rid of cash payments. Often, poaching is not fined, but imprisonment. At the moment, you can go to jail for a maximum of 2 years.
Conclusion
This is a serious punishment. It is for this reason that many think about tactics of behavior when knocking down any animal. To avoid problems, it is required:
- Stop and call the traffic police.
- Call the huntsman of the community to which the animal belongs (in this case, the moose).
- Record death and violation.
- Get a receipt for a fine.
- Pay a billing document.
Only such an algorithm of actions can be called legal. It will help to avoid imprisonment or too high payments. In general, you should follow the signs on the roads. And on the tracks to be vigilant. What does a downed moose require as a punishment from the driver? Fine. The punishment and liability that may be imposed on a citizen is no longer a mystery. And it is precisely according to the above principle that one should act if the driver knocks down any animal on the road.