This story is from the cycle "this can happen to everyone." It seems that the likelihood of a collision with a moose or any other wild animal is extremely small. But statistics suggest the opposite: in the Leningrad Region alone in 2017, about 150 accidents with moose were officially recorded. The actual number of such collisions is likely to be at least twice as high. Everyone who travels outside the city is at risk.
All of the following is based on our own experience. There is a lot of material on the Internet on this topic, but much of what has been written is frank nonsense: a significant part of the theses wandering from one text to another has nothing to do with reality, and the figures that have been encountered are long outdated.
In my article there are no empty speculations, "sofa" examination and references to outdated regulatory acts. Only facts, only truth.
It can happen to everyone.
I am quite an experienced driver: I have been driving regularly since 2006. During this time, I traveled far from one hundred thousand kilometers, partly through countries that are not the most comfortable for driving. I taxied in Jordan, Morocco, India, Sri Lanka, Iran, Tunisia, made my way through the snowy mountain passes, elm in the marshy northern swamps, frolic on sand dunes in the deserts and until recently I was sure that this story could happen with anyone, but not with me.
On a warm July evening, I drove from Kurgalsky Peninsula to Kingisepp. It was twelve o'clock in the morning, it had not yet darkened, but thick twilight had already fallen on the road — such happen near St. Petersburg at the end of white nights. From the point of view of driving, this is the ugliest time when natural light is no longer enough, and the headlights for sufficient visibility is still not enough.
A good stretch of road had just begun, so I drove fast — I wanted to get to the hotel as soon as possible. Suddenly, at the side of the headlights, a familiar silhouette was snatched out from the midnight gloom - a young elk looked with interest at me. Reflexively, I began to slow down - braking sharply, but not urgently.
There were twenty meters to the beast. I just managed to tell my companion: “Oh, look, moose!” - at that moment the animal jumped out onto the roadway and froze right in front of me. I hit the brakes and tried to go round him. After an instant, a two hundred kilogram carcass flew into my windshield. It crumbled, but survived - it saved us from injuries, and maybe even saved our lives.
The moose cow disappeared in the nearest often. I stopped on the sidelines and began to think what to do next.
I called several friends. It turned out that no one knows what to do in such a situation.
I dialed 112. They asked:
- There are people injured?
“No,” I answer.
- Will we call the DPS outfit?
- Personally, I do not need them. If necessary by law - then call.
- If we don’t call, then you will be deprived of the right to leave the scene.
- Well, great! Why then ask? Call.
These simple tips minimize the risk of collisions with moose and deer on the road:
1. When driving through forests, carefully monitor the signs. Sign 1.27 "Wild animals" should automatically sharpen your attention. Be especially careful in the fall, during the rutting season, from mid-August to October.
2. Slow down. The second important tip, do not exceed the speed limit. It’s even better to drive a little slower than the maximum speed allowed.
3. In addition, even if there are no signs, and your path lies in the forest, it is impossible to exclude a meeting with a large horned animal. Sign 1.27 is placed only in places of frequent appearance of moose, deer, wild boars and other wild animals.
4. The most active moose at dawn, as well as at the end of the day, after sunset. Also keep this in mind. Did you see a suspicious wiggle in the bushes on your way in front of the car? Be prepared for the fact that it can be a moose and that he can run out onto the road at any time. Slow down and get ready for the response.
5. If in front of the road you see a running moose, smoothly start to slow down. Wild animals are unpredictable, it is better to stay away from them. If there are no cars on the road, and the moose does not leave the road, try honking him. That should scare him away. True, no one here can guarantee that he will not perceive the sound of the horn as a challenge and will not jump right on the car.
6. The biggest danger is represented by large animals rushing out to cut the car. It is extremely difficult to react and correctly maneuver at such moments.
One of the rules for avoiding animals that suddenly appeared on the road is to try to go around them from behind. Instinct and fear almost always drive the animal forward, so if you see an elk, a roe deer, a deer running across, having previously minimized the speed as much as possible and tracking the trajectory of a wild animal, direct the car in the opposite direction from the runner’s direction, if the traffic situation allows it and not oncoming or passing cars into which you can crash. Otherwise, you will be to blame for the accident.
What to do if you hit an animal?
This procedure is based on common sense, current legislation and the advice of the police and rangers who came to me at the scene of the incident.
1. Stop the machine, turn off the engine, turn on the emergency gang, set the warning triangle. Here I also recommend that if the car is on the move, drive off the roadway. This is contrary to traffic rules, but the likelihood that someone will enter you while you wait for the police is quite high. This is especially true on a country road in the dark.
2. Make sure that all passengers in the car are alive and well. Call an ambulance if necessary. Provide first aid only if you know how to do this. Otherwise, it is likely to make it worse.
3. Call the traffic police for registration of an accident. If the beast was not injured during the collision and the car has no damage, then this case is not an accident and you do not need to call the police. In all other cases, a collision with an animal is officially classified as an accident.
If you do not call the DPS outfit for its registration, it will be regarded as leaving a place of an accident.
In accordance with the Code of Administrative Offenses of the Russian Federation, leaving a place of an accident entails the deprivation of the right to drive vehicles for up to one and a half years or administrative arrest for up to 15 days.
But that is not all. If you hit a wild animal, leaving the scene of an accident can be regarded as an “illegal hunt”. And this is a criminal article.
In this case, a fine of up to one million rubles will be imposed, or correctional labor for a term of up to two years, or imprisonment for a term of up to five years. A car, as a means of committing a crime, may be confiscated.
I recommend calling the police anyway.
It is interesting that the size of the beast is not regulated anywhere in the legislation. Formally, a collision with a mole or gopher is exactly the same accident with all the ensuing consequences. Where to draw the line between "call DPS" and "score and drive on" - decide for yourself.
4. If the animal is left on the roadway, try to ensure the safety of other participants in the movement.
If the animal died, leave it in place, while taking care that other cars do not run into it.
If the beast is injured, it is small and non-aggressive, try to drag it to the side of the road so that it does not fall under the wheels again.
If the animal is large and aggressive, for safety reasons, it is better not to approach it, while marking the place of the accident in order to prevent another cars from hitting it again.
Remember: with one blow of the hoof, an adult moose can kill a person.
5. If the car cannot move further independently - call a tow truck. If you are far from the city, a tow truck can go to you for several hours, so it is better to call it in advance. Immediately decide where exactly you will take your car for repair.
6. After the arrival of the traffic police order, arrange an accident. Sometimes police officers may start to dissuade you from official registration, especially if the animal ran into the forest. Whether or not to agree to this is up to you. In case of refusal of registration, in the future there is a possibility of losing at least the rights, and at the very least - going to prison if the animal is suddenly found in the near future.
When making an accident carefully examine which elements of the car are damaged and what the police officers indicate in the accident certificate. Firstly, it will affect insurance payments (provided that you have a CASCO). Secondly, this information will later go to the traffic police database, and when you sell your car, all data on damaged elements will be available to the buyer.
7. If the animal was wild and it did not escape, the traffic police will call the ranger from the local hunting farm, which is in charge of the forest and road section where the accident occurred. First of all, huntsmen will evaluate the condition of the affected beast. If the injuries are serious (and this happens in most cases, if the animal did not run away) - they will finish it. According to the law, the cervical arteries must be cut, but most often they simply shoot.
After this, the huntsman will issue documents on the death of the animal as a result of an accident. To do this, they will ask you for the car details and the number of the CTP insurance policy (this is necessary so that the damage for the killed animal is not compensated by you, but by your insurance company - see paragraph 9).
If an accident has occurred with a pet, for example, a cow or a dog, then instead of huntsmen you will have to find the owner of the injured beast and solve the issue of damages with him.
8. Huntsmen cut the carcass of a dead animal. They must dispose of the dead animal. But if we are talking about a moose, a bear or a wild boar - the carcass right on the spot will be cut in about fifteen minutes and they will take the meat for themselves. If it’s very good to ask, they can treat you to several kilograms (I don’t know how legal this is).
Do not forget that meat of carnivores (bears, wild boars) must be examined for the presence of various parasites before use. The meat of herbivores (moose, deer) is usually considered safe. In any case, eating wild animals, you are always at risk. This does not mean that you need to give up meat, just always keep it in mind.
9. What is the penalty for downed moose (deer, wild boar, etc.)? Regardless of the fault of the driver, there are no fines for killed animals. There is civil damages to the state (read: damages caused to hunting resources), but this is not a fine.
If in a nutshell: any wild animal is the property of the state, upon hitting it, this property was damaged, which must be compensated in full. The obligation to compensate for this damage follows from Federal Laws No. 7 “On Environmental Protection” and No. 52 “On the Animal World”, as well as from the Civil Code of the Russian Federation and rests with the driver of the car, regardless of whether he is to blame or not.
There is an order of the Ministry of Nature, in which the amount of damage to hunting resources is fixed, depending on the type of animal.
So in 2018, the base rate is as follows:
- For a downed mole or gopher - 100 rubles.
- For a wolf, fox or raccoon dog you will have to pay 200 rubles.
- Large animals are estimated much more expensive: wild boar - 30 thousand, roe deer - 40 thousand, bear - 60 thousand, elk - 80 thousand rubles.
- The most expensive is a hybrid of bison with bison or livestock, the fee for it is 180 thousand rubles.
Further, various coefficients come into play.
- Firstly, the number of individuals that have been harmed is estimated. This also takes into account unborn animals. For example, if you bring down a moose cow pregnant with two cubs, then you have to compensate the state for three individuals.
- Secondly, there are coefficients related to regional characteristics, the number of individuals on the territory of a particular hunting economy and other conditions that are almost impossible for a person to understand.
Depending on the coefficients used, the base rate for a downed animal can be either reduced or increased several times.
- For example, a pregnant female moose, shot down in the reserve, will be estimated at several hundred thousand rubles.
There are two good news in this story:
- Firstly, the loss for the downed animal is paid by the insurance company at the expense of your CTP policy. Typically, the hunting economy solves this issue directly with the insurer without the participation of the driver.
- Secondly, this payment, provided that you did not violate traffic rules at the time of the accident, does not affect the cost of your policy next year.
I note that if at the time of the accident you were traveling with traffic violations, for example, with speeding, police officers can write you a corresponding fine. But this will not be in any way connected with the fact that you shot down the animal. If your guilt is not proven, you will be issued a decision refusing to institute proceedings on an administrative offense. Save this document, it proves your innocence (and it may be necessary if next year the insurance company suddenly decides to increase the cost of the MTPL policy because of this case).
In conclusion, I’ll say a few words about road sign 1.27 "Wild animals". It belongs to the type of warning and does not establish any restrictions, regulations or prohibitions. This sign does not affect the degree of driver’s guilt for the downed beast, the potential size of the fine for violating traffic rules, or the amount of compensation for damage to the state for damage caused to hunting resources.
10. Will the cost of car repair be refunded? If you have a CASCO policy and all the documents about the accident are drawn up correctly, then the insurance company must pay for the restoration of your car. In all other cases, repairs will have to be done at their own expense.
If the moose is still shot down. What to do?
After making sure that there are no injuries except the car and the moose, call the traffic police. If people are injured, call an ambulance or warn the traffic police that there are victims.
Warn employees that a wild animal has been hit on the road. According to the law, traffic police officers will have to come with the Okhotinspector and fix that an accident has occurred and the animal suffered an accident. If the beast was shot down, it does not matter, in the area of the sign 1.27, or elsewhere, the driver will be fined.
Civil Code of the Russian Federation Article 1079. Responsibility for harm caused by activities creating increased danger to others
Legal entities and citizens whose activities are associated with increased danger to others (the use of vehicles, machinery, high-voltage electric energy, atomic energy, explosives, potent poisons, etc., construction and other related activities, etc. .) are obliged to compensate for the harm caused by the source of increased danger, if they do not prove that the harm arose as a result of force majeure or the intent of the victim. The owner of a source of increased danger may be released by the court from liability in whole or in part also on the grounds provided for in paragraphs 2 and 3 of Article 1083 of this Code.
According to the order of the Ministry of Natural Resources “On approval of the methodology for calculating the amount of damage caused by hunting resources”, you will need to pay 40,000 rubles for an elk. When officially issued with a call from the traffic police, a collision with an animal will be qualified as an insured event, therefore, the car owner will cover the state with compensation in compulsory motor third-party liability insurance.
The full list of prices for the killed beast is compiled by the Ministry of Natural Resources:
Types of hunting resources
Cost for 1 individual, rubles
Elk, Siberian mountain goat, musk ox
Wild boar, wild reindeer, musk deer
Sika deer, doe, tours, saiga
Roe deer, mouflon, chamois
Hybrid bison with bison, livestock
Marmots, beavers, martens, harza
Wolf, fox, jackal, raccoon, raccoon dog, muskrat
Arctic fox, corsac, wild cats, mink, hori, speakers, hares, wild rabbit
Ermine, Solongoy, Weasel
Moles, water vole, hamsters, chipmunks, flying squirrels, gophers
Black grouse, pheasants, Ular, saj
Ducks, hazel grouse, partridges, cupcake, pigeons, coot, woodcock
Quail, shepherdess, common duster, corncrake, moorhen, lapwing, toles, crustacean, rock-beetle, turukhtan, herbalist, ulitsa, curdling moth, spindles, curlews, snipe, hollow, garshnep, Streptopelia
I. If you do not issue an accident, you may experience big trouble. This is the abandonment of an accident, Article 12.27 of the Code of Administrative Offenses of the Russian Federation entails the deprivation of the right to drive vehicles for a period of one year to one and a half years or administrative arrest for a period of up to fifteen days.
II. Even if the moose was not badly injured and ran back to the forest, it is necessary to document the fact of an accident. Even if you have a CASCO, but the car has suffered serious damage, you most likely will not see the insurance payment unless you call traffic police officers to arrange the accident. В этом случае компенсировать ущерб охотничьему хозяйству не придется, поскольку главная улика, лось, умчался в неизвестном направлении и оценить его повреждения егерям явно не удастся.
III. A seriously wrecked car will attract the attention of employees at traffic police posts and if you decide to take away the meat of a butchered dead animal with you and you find these evidence in the car, this act will qualify as an illegal hunt, article 258 of the Criminal Code of the Russian Federation. The sanctions for this are harsh- shall be punishable by a fine in the amount of up to two hundred thousand rubles or in the amount of the convict's salary or other income for a period of up to eighteen months, or by compulsory labor for a term of up to four hundred and eighty hours, or by correctional labor for a term of up to two years, or by arrest for a term of up to six months.
So, once again, we strongly recommend that you arrange accidents involving elks and other large wildlife in accordance with all the rules, in compliance with the requirements of the law.
Here is a not quite fair responsibility from the point of view of car owners because of some moose on the roads. Therefore, be extremely vigilant and careful when driving along forest roads and highways.
Shot down a moose - is it an accident or not?
A collision on the road with any animal is a traffic accident. This is what the very definition of an accident from traffic rules tells us:
"Traffic accident" - an event, arising in the process of movement on the road of the vehicle and with its participationin which people were killed or injured, damaged vehicles, structures, goods or other material damage.
"Stop! - you say, - moose is not a man and not a load". And you will be right. An elk is property. In general, any animal in the context of traffic is considered property. Thus, article 137 of the Civil Code prescribes:
General property rules apply to animals insofar as the law or other legal acts do not establish otherwise.
And since it is property, then it must have an obligatory attribute - the owner. And if everything is clear with pets, then with moose. nothing too complicated. In particular, this moment is regulated by Federal Law No. 52 "On the animal kingdom", article 4 of which regulates that the state is the owner of wild animals. And it is the state that should compensate for the downed moose.
Thus, an accident with a moose on the road is an accident with all the ensuing consequences and obligations not to leave the accident site, put an emergency stop sign, turn on the emergency light and call the traffic police.
Shot down an elk - what is the fine and other punishments?
Russian law clearly distinguishes between civil and administrative statuses of certain events. Administrative - this is when you are punished for violations in favor of the state, civil - when you compensate for the harm or harm compensate you. A fine for a downed moose on the road means an administrative fine.
And the good news here is that there is no fine today if you hit an elk or any other animal. But this is only if it really wasn’t - if you were moving without speeding, didn’t perform maneuvers falling under the definition of “dangerous driving” in the SDA, and so on, and elk suddenly jumped out onto the road, then you have violations not seen by the Rules and other regulations in force for 2019.
Although traffic police officers often try to attach to this kind of accident a violation of clause 10.1 of the SDA regarding the speed not chosen by the driver, based on the road conditions, in order to always be able to prevent an accident, again, there is no penalty for violation of this paragraph.
And this means that there is no administrative fine for the downed moose.
Other types of liability are also not provided for.
Who is to blame for the accident with the elk?
The fault in the accident always lies with the one who violated the traffic rules. As we noted above, if you didn’t violate anything, it seems like the fault in the accident falls on the moose - more precisely, its owner, since the former is the property of the latter.
But the time has come for bad news. There is also article 1079 in the Civil Code, part 1 of which tells us that the owner of the vehicle is responsible for the harm caused by this vehicle, regardless of the degree of guilt and generally the presence of this guilt, as the owner of a high-risk vehicle. This article applies to car accidents involving pedestrians and cyclists, even though the fault lies entirely with the latter.
And in this case, the following happens:
- the owner of the car compensates for harm to health or life,
- the culprit indemnifies the car
It should be mentioned who the owner is. According to the same Civil Code, this is the person who owns the machine - who operates it and disposes of it by right of trust. Even if the owner sits nearby, the driver still owns the car.
In the case of elk, everything is exactly the same. Regardless of your guilt in the accident with the elk, you will have to compensate for the harm in any case. But it is possible to file for damages to your car.
Who is to blame if there was no Wild Animals sign?
Meanwhile, there is an opinion among drivers that the 1.27 Wild Animals sign can fundamentally cancel the driver’s obligation to pay a fine for a downed moose. But this is not at all true.
Sign 1.27 "Wild animals"
Firstly, as we discussed above, the driver can be innocent even without this sign. Secondly, the sign would not cancel the driver’s guilt anyway. This road sign is a warning sign. It does not establish any restrictions, prescriptions or prohibitions, nor does it remove the obligation to travel according to road conditions. The presence of a sign does not directly mean that an elk will necessarily appear on the road, therefore its absence does not mean that the appearance of wild animals on this section of the road is excluded. Therefore, the sign 1.27 can not affect the degree of guilt of the driver for the downed moose.
This judgment is supported by most courts. Here, for example, is one of the court decisions detailing the effect of this mark.
How much will you have to pay for a downed moose?
And yet, the lack of staff to be involved in an administrative fine does not mean that you will not be entitled to compensate for the loss of the downed moose. We have already mentioned civil law relations. And this means that the damage will have to be paid.
The obligation to compensate the state for damage is also dictated by Article 77 of the Federal Law No. 7 “On Environmental Protection,” part 1 of which says:
1. Legal entities and individuals who have caused harm to the environment as a result of its pollution, depletion, spoilage, destruction, wasteful use of natural resources, degradation and destruction of natural ecological systems, natural complexes and natural landscapes and other violations of the law in the field of environmental protection are required reimburse it in full in accordance with the law.
We also found out above that the state is the owner of the moose, and in this case, in particular, forestry, which is in charge of the stretch of road and forest where the moose was shot down. That is why many - even drivers who participated in an accident with a moose - confuse civil damages with a fine for a moose. Below for convenience we will also call it a fine.
It’s a joke, but there are also “tariffs” for downed moose, which are also regulated by law. These tariffs are called rates for damage caused to hunting resources. They are regulated by the Order of the Ministry of Natural Resources of Russia "On approval of the methodology for calculating the amount of harm caused to hunting resources". In particular, fines for various animals amount to the following amounts:
|Types of hunting resources||Dachshund (rubles for 1 individual)|
|Elk, Siberian mountain goat, musk ox||40 000|
|Wild boar, wild reindeer, musk deer||15 000|
|Noble deer||35 000|
|Sika deer, doe, tours, saiga||30 000|
|Roe deer, mouflon, chamois||20 000|
|Snow ram||50 000|
|Hybrid bison with bison, livestock||90 000|
|The Bears||30 000|
|Marmots, beavers, martens, harza||3 000|
|Sable, Otter||5 000|
|Wolf, fox, jackal, raccoon, raccoon dog, muskrat||100|
|Arctic fox, corsac, wild cats, mink, hori, speakers, hares, wild rabbit||500|
|Ermine, Solongoy, Weasel||200|
|Moles, water vole, hamsters, chipmunks, flying squirrels, gophers||50|
|Black grouse, pheasants, Ular, saj||1 000|
|Ducks, hazel grouse, partridges, cupcake, pigeons, coot, woodcock||300|
|Quail, shepherdess, common dodger, corncrake, moorhen, lapwing, toles, crustacean, rock-beetle, turukhtan, herbalist, ulitsa, curdling moth, spindles, curlews, snipe, hollow, garshnep, doves.||100|
As you can see, the penalty for downed moose is 40 thousand rubles. And this is not the most “expensive” animal.
Will I pay for the downed moose OSAGO?
But a very substantial fine for a downed moose should bother you much less, because such damage is covered by CTP. In this case, the maximum loss for you is a reduction in the discount for accident-free driving in the next insurance period. The maximum CTP insurance payment is 400 thousand rubles, therefore, the sum insured can cover at least ten downed moose in the framework of one (each) accident.
This conclusion follows from the very first article of the Federal Law "On CTP", which governs the definition of an insured event, as well as from the definition of an accident from the Rules of the Road.