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Livestock on Roads BCS Laws/Leyes sobre el ganado en las carreteras BCS

Warren's picture


After last week’s accident where a Holstein heifer that was struck while standing on the Transpeninsular Highway #1 and Calle 13 in El Centenario, many of you have engaged in the discussion about the open range laws in Mexico. Many of you are still under the impression that cattle still have the right to travel where ever they wish to go. Remember when you hit a cow and the rancher would show up and tell you that you just killed his prize breeding stock worth millions? That is the way it used to be until a couple of years ago when the laws changed.  Now it is rare to find a rancher showing up at an accident scene or claiming ownership of the animal.  I must give credit to the rancher that showed up on calle 13 to claim ownership of their animal and had great compassion for the injured heifer. To correct this problem all livestock are supposed to be branded or carry ear tags with identification which is part of a large database.

There have been many of us that have experienced the misfortune of coming in contact with our furry friends which usually amounts to huge damages to our vehicles IF WE SURVIVE!! 

In the data contained in the Statistical Yearbook of Federal Highway Accidents, published by Instituto Mexicano del Transporte, which reflects figures of the accidents caused by free ranging livestock in our State of B.C.S. 

There were 19 accidents reported in 2009, in 2010 there were 23 reported.  In 2011 there were 19 reported and in 2012 there were another 19 accidents reported. In 2013 and 2014, this report no longer details these incidents by state. This leaves us not knowing what specifically happened in 2015 and 2016.  We frequently hear about or read in the media reporting accidents of vehicles on the roads caused by free ranging livestock in the full length of the Baja. We in Baja California Sur seem to have a few more than anybody else.

This law has been on the books for awhile but the disregard for the cattle law in BOGE 20-05-2015 DECRETO NUM. 1438 EL H. CONGRESO DEL ESTADO DE BAJA CALIFORNIA SUR, D E C R E T A : LEY GANADERA DEL ESTADO DE BAJA CALIFORNIA SUR,  CAPITULO V DE LOS CERCOS,  Article 70, which states that ranchers will be liable for damages and losses caused in traffic accidents caused by livestock owned by them according to what the Laws And the Codes of the State of Baja California Sur, but there is a problem.  As most of you know we are operating under a new penal code and the current penal code does not cover any penalties for Article 70.  Our local legislators are trying to remedy this situation.  With this Article 70 law ranchers will need to be much more aware of where their livestock is at or face legal problems of animals getting involved in traffic accidents.

ARTICLE 70.- The owners, tenants or ejidatarios; they have the obligation to preserve the fences of their lands in conditions that prevent the access of animals to their properties or that leave the same, according to the case.  Los Ganaderos (The Cattlemen) will respond for damages caused by road traffic injuries and accidents caused by livestock of your property of an agreement what the establish Laws and Codes of the State of Baja California Sur.

ARTÍCULO 70.- Los propietarios, arrendatarios o ejidatarios tienen la obligación de conservar los cercos de sus predios en condiciones que impidan al acceso de animales a sus predios o que salgan de los mismos, según el caso. Los ganaderos responderán por los daños y perjuicios causados en accidentes de transito, ocasionados por semovientes de su propiedad de acuerdo a lo que establezcan las leyes y los códigos del Estado de Baja California Sur.

Remember I am NOT an attorney and you should always consult your attorney if you have questions on this topic.  The information in this article is obtained from public records.


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