The consequences of cattle roaming freely on roads N5 and D4.
(Baonghean.vn) - Many tragic accidents have occurred between drivers and livestock. In most of these incidents, the driver suffers "double losses," while the owner of the livestock is not punished, even though they are at fault.
Double damage
In recent months, numerous traffic accidents have occurred on the N5 and D4 roads in Nghe An province, primarily due to local residents' cattle and buffaloes roaming freely on the roads.
Typically, in August 2021,A truck belonging to The Vissai Cement Group, while traveling on the N5 road through Nghi Dong commune, Nghi Loc district, struck three buffaloes roaming freely on the road. As a result, all three buffaloes died, the truck was severely damaged, and several shipments of clinker belonging to Song Lam Cement Joint Stock Company from the Do Luong Cement Plant to the Nghi Thiet Cement Grinding Station were disrupted. Although authorities arrived to handle the incident, ultimately the driver from Song Lam Cement Joint Stock Company was at fault, even though, according to the Road Traffic Law and other legal regulations, the owner of the buffaloes was at fault. The truck driver was ordered to compensate the buffalo owners nearly 100 million VND for the incident.
 |
| The accident involving a truck belonging to Song Lam Cement Joint Stock Company and three free-roaming buffaloes on Highway N5 occurred in August 2021. The driver had to compensate the buffalo owner nearly 100 million VND. Photo: Lai Vo |
Over the past three months, several drivers from Song Lam Cement Joint Stock Company have also encountered similar situations on the N5 and D4 roads, sections passing through Nghi Yen, Nghi Tien, and Nghi Thiet communes.
Mr. Vu Van Lai – Director of Logistics (vehicle fleet management) of the company, said: All of the company's vehicles are equipped with dashcams, so any collisions or traffic accidents can be clearly identified as to who is at fault. Regarding accidents involving cattle, these are usually due to free-roaming livestock running across the road unexpectedly. Many drivers have managed to avoid them, but in some cases, avoidance is impossible because it would cause accidents for people and other vehicles on the road.
In such cases, the people who own the cattle don't realize their mistake and instead demand high compensation. In some cases, drivers have to pay nearly 100 million VND in compensation, meaning they lose a whole year's income. The company and the drivers are trying to maintain harmony because the unit has been operating in the area for a long time. However, in the long term, we suggest that relevant authorities and departments need to find solutions to ensure traffic safety and the company's production safety…
 |
| This scene is commonly seen on the N5 and D4 roads. The photo was taken from the cab of a truck belonging to Song Lam Cement Joint Stock Company. Photo: Lai Vo |
It's not just the drivers of Song Lam Cement Joint Stock Company who suffered "double losses" when their vehicles hit cattle; many others have faced similar situations. When accidents occur, authorities arrive promptly, but ultimately, the solution is often civil mediation, and the vehicle operator has to assist and compensate the livestock owner, even though, strictly speaking, the owner is at fault according to the law. Many people are asking: Who is responsible when cattle and other livestock roam freely and cause accidents? Many legal regulations have been examined, but it seems that the application of the law in this area is not being strictly enforced.
In related news, on the morning of October 30, 2021, another traffic accident occurred between a truck and two free-roaming cows on Road D4, in Nghi Tien commune (Nghi Loc district), and local residents blocked the truck demanding compensation…
| Locals herding buffaloes is obstructing traffic on Highway N5. The clip was recorded by a driver from Song Lam Cement Joint Stock Company. |
Stricter legal enforcement is needed.
The 2008 Road Traffic Law stipulates: People leading livestock on the road must keep the animals close to the edge of the road and ensure cleanliness on the road; if it is necessary to cross the road with livestock, they must observe and only cross when it is safe to do so (Clause 1, Article 34); It is prohibited to lead livestock into the part of the road designated for motor vehicles (Clause 2, Article 34); It is prohibited to let livestock roam freely on the road (Point c, Clause 2, Article 35).
In cases where livestock or animals roam freely and cause accidents, current laws have very clear regulations on penalties. According to Points d and e, Clause 1, Article 10 of Decree 100/2019/ND-CP, livestock herders will be fined from VND 60,000 to VND 100,000 for any of the following violations: Controlling or leading livestock on the wrong side of the road, entering prohibited roads or areas, or entering the lane designated for motor vehicles; Allowing livestock to roam on the road in a way that does not ensure the safety of people and vehicles participating in traffic.
According to Article 128 of the 2015 Penal Code, if an owner allows their livestock to cause a serious accident, the minimum penalty is non-custodial correctional punishment for up to 3 years or imprisonment from 1 to 5 years. In cases of unintentionally causing the death of two or more people, the penalty is imprisonment from 3 to 10 years. The owner of the animal or the person possessing or using the animal is liable for civil compensation as stipulated in Article 603 of the 2015 Civil Code: The owner of the animal must compensate for damages caused by the animal to others.
 |
| Cows block the road for trucks on the N5 highway. Photo: Nhat Lan |
Regarding the specific accidents caused by cattle on roads N5 and D4, Mr. Le Dang Nguyen, Vice Chairman of the People's Committee of Nghi Thiet commune (Nghi Loc district), added: Road D4 runs through the commune. In the first few months of 2021, there were two incidents where cattle roaming freely on road D4 caused accidents involving trucks belonging to Song Lam Cement Joint Stock Company. When the accidents occurred, the authorities and relevant agencies were present and documented the incidents. According to the law, the owner of the cattle was at fault and should even compensate the vehicle involved in the accident. However, for various reasons, the drivers and Song Lam Cement Joint Stock Company compensated the people whose livestock were involved in the accident. This is unfair to the drivers and the company.
Nghi Thiet commune has identified 33 households that regularly graze buffalo and cattle along the D4 road and has intensified propaganda efforts, including signing commitments not to violate legal regulations. The commune also requested that relevant authorities strictly handle cases where livestock owners violate regulations by allowing buffalo and cattle to roam freely, affecting traffic.
Mr. Vo Van Lai – Director of Logistics (vehicle fleet management) of Song Lam Cement Joint Stock Company also reported: Every day, Song Lam Cement Joint Stock Company operates nearly 300 truck trips transporting clinker from Do Luong to Nghi Thiet (Nghi Loc) on roads N5, D4, and a section of National Highway 1A. For a long time, the situation of cattle roaming freely on roads N5 and D4 has caused frustration for drivers. Unfortunately, there have been many accidents caused by cattle as mentioned. We request that relevant authorities, especially Do Luong and Nghi Loc districts, cooperate to limit the situation of people letting cattle roam freely, causing traffic obstruction on roads N5 and D4. This will contribute to ensuring both traffic safety on the route and production safety.
