Consequences of cattle grazing on N5 and D4 roads

Double Damage

In recent months, on the N5 and D4 routes of Nghe An province, many traffic accidents have occurred, the main cause of which is people's buffaloes and cows roaming freely on the roads.

Typically, in August 2021,A truck of The Vissai Cement Group was traveling on N5 road, through Nghi Dong commune, Nghi Loc district, when it hit 3 buffaloes that were roaming freely on the road. As a result, 3 buffaloes died, the truck was severely damaged, and a number of Clinker transport trips of Song Lam Cement Joint Stock Company from Do Luong Cement Factory to Nghi Thiet Cement Grinding Station were interrupted. Although the authorities were present to resolve the incident, in the end, the driver of Song Lam Cement Joint Stock Company suffered, even though the buffaloes were roaming freely like that, according to the Road Traffic Law and legal regulations, the owner of the buffaloes was at fault. In the above incident, the truck driver had to compensate the owner of those buffaloes nearly 100 million VND.

The accident between a Song Lam Cement JSC truck and three free-range buffaloes on N5 Road occurred in August 2021. The driver had to pay nearly 100 million VND in compensation to the buffalo owner. Photo: Lai Vo

Over the past 3 months, some drivers of Song Lam Cement Joint Stock Company have encountered similar situations on N5 and D4 roads, through Nghi Yen, Nghi Tien, and Nghi Thiet communes.

Mr. Vu Van Lai - Logistics Director (fleet management) of the company said: All the company's vehicles are equipped with dash cams, so collisions and traffic accidents show who is right and who is wrong. Particularly accidents involving cattle, all are due to cattle roaming freely, running across the road too suddenly. Many drivers have avoided them, but there are cases that cannot be avoided, because if avoided, it will cause accidents for people and vehicles participating in traffic.

In such cases, the people who own the cattle have not yet realized their mistakes and still demand high compensation. In some cases, the drivers have to pay nearly a hundred million in compensation, thus losing an entire year of income. The company and the drivers are having to "keep the peace" because the unit has been operating for a long time in the area. But in the long term, it is recommended that relevant levels and sectors have solutions to ensure traffic safety and ensure the company's production safety...

This image is often seen on N5 and D4 roads. Photo taken from the cabin of a Song Lam Cement Joint Stock Company truck. Photo: Lai Vo

Not only the driver of Song Lam Cement Joint Stock Company suffered a “double loss” when his vehicle hit a cow, but many people faced similar situations. When the accident occurred, the authorities arrived promptly, but in the end, they returned to the civil mediation method and the driver often had to support and compensate the owner of the cattle, although according to the law, the owner of the cattle was at fault. Many people asked the question: Who is responsible for accidents caused by free-range cows and cattle? Many legal regulations were compared, but it seems that the application of the law in this area is not strict.

In a related development, on the morning of October 30, 2021, there was another traffic accident between a truck and two free-roaming cows on Road D4, through Nghi Tien Commune (Nghi Loc) and people came out to block the vehicle to demand compensation...

Need to strengthen legal handling

The 2008 Road Traffic Law stipulates: People leading animals on the road must keep the animals close to the edge of the road and ensure hygiene on the road; in case of needing to let the animals cross the road, they must observe and can only cross the road when there are sufficient safety conditions (Clause 1, Article 34); Animals must not be led onto the road section reserved for motor vehicles (Clause 2, Article 34); Animals must not be let loose on the road (Point c, Clause 2, Article 35).

In cases where pets and livestock are allowed to roam freely and cause accidents, current laws have very clear regulations on penalties. Point d, dd Clause 1 Article 10 Decree 100/2019/ND-CP, livestock herders will be fined from 60,000 VND to 100,000 VND for one of the following violations: Controlling or leading animals on the wrong side of the road, entering prohibited roads, prohibited areas, entering the roadway of motor vehicles; Letting animals on the road does not ensure safety for people and vehicles participating in traffic.

According to Article 128 of the 2015 Penal Code, the owner who lets livestock cause serious accidents shall be subject to the lowest penalty of non-custodial reform for up to 3 years or imprisonment from 1 to 5 years. In case of unintentionally causing the death of 2 or more people, the penalty shall be imprisonment from 3 to 10 years. The owner of the livestock or the person possessing or using the livestock shall be liable for civil compensation according to the provisions of Article 603 of the 2015 Civil Code as follows: The owner of the livestock shall compensate for damage caused by the livestock to others.

Cow blocks the path of a truck on N5 road. Photo: Nhat Lan

Returning to specific incidents of accidents caused by cattle on N5 and D4 roads, Mr. Le Dang Nguyen - Vice Chairman of Nghi Thiet Commune People's Committee (Nghi Loc) added: The commune has D4 road passing through. In the first months of 2021, there were 2 incidents of cattle grazing on D4 road causing accidents with trucks of Song Lam Cement Joint Stock Company. When the accident occurred, the authorities and functional forces were present and made a record of the incident. If considered specifically according to the law, the owner of the cattle was at fault and even had to compensate for the vehicle involved in the accident. However, for many reasons, the driver and Song Lam Joint Stock Company compensated the people whose cattle were involved in the accident. That is also a crime against the drivers and the company.

Nghi Thiet Commune has counted 33 households regularly grazing buffalo and cows along D4 Road and has increased propaganda and signed a commitment not to violate the law. The Commune also requested the authorities to strictly handle any livestock owners who violate the law and let their buffalo and cows roam freely, affecting traffic.

Mr. Vo Van Lai - Logistics Director (fleet management) of Song Lam Cement Joint Stock Company also reflected: Every day, Song Lam Cement Joint Stock Company has to operate nearly 300 trucks carrying Clinker from Do Luong to Nghi Thiet (Nghi Loc) on N5, D4 and a section on National Highway 1A. For a long time, the situation of buffaloes and cows grazing on N5 and D4 has caused frustration for drivers. Unfortunately, there have been many accidents caused by buffaloes and cows as mentioned above. We request that all levels of the industry, especially Do Luong and Nghi Loc districts, coordinate to limit the situation of people grazing buffaloes and cows, causing traffic obstruction on N5 and D4. That contributes to ensuring both traffic safety on the route and production safety.