41-6a-407 - Livestock on highway -- Restrictions -- Collision, action for damages.
41-6a-407. Livestock on highway -- Restrictions -- Collision, action for damages.
(1) (a) A person who owns or is in possession or control of any livestock may notwillfully or negligently permit any of the livestock to stray or remain unaccompanied on ahighway, if both sides of the highway are separated from adjoining property by a fence, wall,hedge, sidewalk, curb, lawn, or building.
(b) Subsection (1)(a) does not apply to range stock drifting onto any highway moving toor from their accustomed ranges.
(2) (a) A person may not drive any livestock upon, over, or across any highway duringthe period from half an hour after sunset to half an hour before sunrise.
(b) Subsection (2)(a) does not apply if the person has a sufficient number of herders withwarning lights on continual duty to open the road to permit the passage of vehicles.
(3) In any civil action brought for damages caused by collision with any domestic animalor livestock on a highway, there is no presumption that the collision was due to negligence onbehalf of the owner or the person in possession of the domestic animal or livestock.
Renumbered and Amended by Chapter 2, 2005 General Session