thepasty Posted April 16, 2013 Report Share Posted April 16, 2013 Hi Guys This came up in another thread as a sweeping statement of "it is illegal to shoot birds from a vehicle".... The actual wording of the 1954 protection of birds act that was quoted is:- "(3)If any person uses any mechanically-propelled vehicle or boat or any aircraft in immediate pursuit of a wild bird for the purpose of driving, killing or taking that bird, he shall be guilty of an offence against this Act and be liable to a special penalty:" I read the act as needing to be in Immediate pursuit of a bird to be illegal. So... Can a vehicle be used as a stationary hide? Can you shoot from the externals of a vehicle i.e the bonnet? Can you use the vehicle as cover i.e. shoot from laying underneath said vehicle? Your thoughts and experiences? Cheers Steve Quote Link to comment Share on other sites More sharing options...
swiss.tony Posted April 16, 2013 Report Share Posted April 16, 2013 Just shoot them iv shot more stuff from road than hot dinners Quote Link to comment Share on other sites More sharing options...
wymberley Posted April 16, 2013 Report Share Posted April 16, 2013 Just shoot them iv shot more stuff from road than hot dinners Sat and stared at that for a while and all I can come up with is, no comment Quote Link to comment Share on other sites More sharing options...
Grandalf Posted April 16, 2013 Report Share Posted April 16, 2013 Everything I do rifle-wise involves my camouflaged landrover. Why else would I have it? I don't persue anything - I shoot them. Just get on with it boy. Sat and stared at that for a while and all I can come up with is, no comment It isn't illegal to shoot from a road unless you endanger others. Quote Link to comment Share on other sites More sharing options...
al4x Posted April 16, 2013 Report Share Posted April 16, 2013 It isn't illegal to shoot from a road unless you endanger others. i'm not sure the Highways agency would agree bearing in mind ownership of said road unlikely to be the landowner surrounding it. Private roads and tracks crack on Quote Link to comment Share on other sites More sharing options...
wymberley Posted April 16, 2013 Report Share Posted April 16, 2013 Hi Guys This came up in another thread as a sweeping statement of "it is illegal to shoot birds from a vehicle".... The actual wording of the 1954 protection of birds act that was quoted is:- "(3)If any person uses any mechanically-propelled vehicle or boat or any aircraft in immediate pursuit of a wild bird for the purpose of driving, killing or taking that bird, he shall be guilty of an offence against this Act and be liable to a special penalty:" I read the act as needing to be in Immediate pursuit of a bird to be illegal. So... Can a vehicle be used as a stationary hide? Can you shoot from the externals of a vehicle i.e the bonnet? Can you use the vehicle as cover i.e. shoot from laying underneath said vehicle? Your thoughts and experiences? Cheers Steve You have 3 yes's, but to avoid the possibility of any confusion if the vehicle is in view of any potentially interested parties, with the ignition off and not from the driving seat. Quote Link to comment Share on other sites More sharing options...
Bazooka Joe Posted April 16, 2013 Report Share Posted April 16, 2013 Everything I do rifle-wise involves my camouflaged landrover. Why else would I have it? I don't persue anything - I shoot them. Just get on with it boy. It isn't illegal to shoot from a road unless you endanger others. There's a lad up our way just had all his guns removed for the very same act.... Sat on the side of the road, shooting crows out the pickup window...unmarked police car pulled up asking what he was doing, & at the same time took his rifle.....later FEO + others down to the house & took the lot, still ongoing. Just shoot them iv shot more stuff from road than hot dinners Looks like you've been lucky then.. Quote Link to comment Share on other sites More sharing options...
Grandalf Posted April 16, 2013 Report Share Posted April 16, 2013 i'm not sure the Highways agency would agree bearing in mind ownership of said road unlikely to be the landowner surrounding it. Private roads and tracks crack on Oddly enough, around my shoot the farmer does own the land under the roads. It's on his deeds. Council seems to own the ashphalt surface. The verges and ditches are also owned by the farmer. They are only narrow single vehicle roads. It did give rise to an amusing confrontation one morning a few years ago. Lady came along road with out of control mutt on a long lead. Me and farmer were mardling by the roadside. (As one does on a nice sunny morning). Our four dogs - his one my three - were ferretting about in the ditch (As dogs do on a nice sunny morning). Anyway, her mutt bit one of my dogs - the pup - farmers dog bit her mutt. She went ballistic and started ranting about out of control dogs being off lead etc, etc. Her final remark was "You farmers think you own these roads". When he said "Well funny you should mention that - I do own this one", she started ranting even more and later phoned police and councils (County, District and Parish). They all seemed completely uninterested so the thing died a natural death. Never saw her walking her dog along that particular road again though. Quote Link to comment Share on other sites More sharing options...
RED BEARD Posted April 16, 2013 Report Share Posted April 16, 2013 You have 3 yes's, but to avoid the possibility of any confusion if the vehicle is in view of any potentially interested parties, with the ignition off and not from the driving seat. Quote Link to comment Share on other sites More sharing options...
RED BEARD Posted April 16, 2013 Report Share Posted April 16, 2013 You have 3 yes's, but to avoid the possibility of any confusion if the vehicle is in view of any potentially interested parties, with the ignition off and not from the driving seat. I find this a daft comment,it doesn't matter what seat your in or if the ignition is on or not.if your not moving at the same time as your shooting,you not in pursuit,your static. Quote Link to comment Share on other sites More sharing options...
thepasty Posted April 16, 2013 Author Report Share Posted April 16, 2013 So, its seems like the sweeping statement of "it is illegal to shoot birds from a vehicle" is indeed incorrect. thanks guys Quote Link to comment Share on other sites More sharing options...
Blunderbust Posted April 16, 2013 Report Share Posted April 16, 2013 So, its seems like the sweeping statement of "it is illegal to shoot birds from a vehicle" is indeed incorrect. thanks guys I think that as long as the vehicle is turned off you are in your right to shoot. I know that the Deer laws have changed which allows the shooting from a vehicle as long as it is turned off. I also believe that the rule also applies if you are fowling from a boat. I have shot from tracks and the like but never from a main carriage way. By the way I don't think it matters which seat you are sitting in. :no: Quote Link to comment Share on other sites More sharing options...
wymberley Posted April 16, 2013 Report Share Posted April 16, 2013 I find this a daft comment,it doesn't matter what seat your in or if the ignition is on or not.if your not moving at the same time as your shooting,you not in pursuit,your static. If a couple of determined antis saw you shooting (otherwise legally) canada geese in a field from the driver's seat of your truck with the engine running in full view of the road and reported you, you might just think otherwise. Surely, we've seen enough posts on here that indicate that not withstanding the letter of the law, under certain circumstances it is better to be beyond reproach and therefore, beyond the clutches of the two said antis. I mean you even have to be careful if you park in the farmer's gateway if jobsworth is about! Quote Link to comment Share on other sites More sharing options...
RED BEARD Posted April 16, 2013 Report Share Posted April 16, 2013 If a couple of determined antis saw you shooting (otherwise legally) canada geese in a field from the driver's seat of your truck with the engine running in full view of the road and reported you, you might just think otherwise. Surely, we've seen enough posts on here that indicate that not withstanding the letter of the law, under certain circumstances it is better to be beyond reproach and therefore, beyond the clutches of the two said antis. I mean you even have to be careful if you park in the farmer's gateway if jobsworth is about! no i wouldn't think otherwise (the quote states "(3)If any person uses any mechanically-propelled vehicle or boat or any aircraft in immediate pursuit of a wild bird for the purpose of driving, killing or taking that bird, he shall be guilty of an offence against this Act and be liable to a special penalty),same as if someone accused me of murder i wouldn't think otherwise..................... i would have nothing to fear from the law as i wouldn't have done anything wrong.in pursuit means moving,and sitting in the driving seat with the ignition on is not moving,unless rolling down a hill with the hand brake off! and even if some anti took a photo it would show a static vehicle,not a moving one. Quote Link to comment Share on other sites More sharing options...
wymberley Posted April 16, 2013 Report Share Posted April 16, 2013 no i wouldn't think otherwise (the quote states "(3)If any person uses any mechanically-propelled vehicle or boat or any aircraft in immediate pursuit of a wild bird for the purpose of driving, killing or taking that bird, he shall be guilty of an offence against this Act and be liable to a special penalty),same as if someone accused me of murder i wouldn't think otherwise..................... i would have nothing to fear from the law as i wouldn't have done anything wrong.in pursuit means moving,and sitting in the driving seat with the ignition on is not moving,unless rolling down a hill with the hand brake off! and even if some anti took a photo it would show a static vehicle,not a moving one. No problem; we'll agree to differ. I, personally, would not rate my chances in court facing a tasty prosecution barrister questioning two antis who swear blind that you drove after the geese, stopped and immediately shot at them. I think your photo would have to be a video. PS Just out of interest for myself, I'll put the scenario to my daughter in law for her thoughts. She is a barrister at law and senior prosecutor with the CPS. Quote Link to comment Share on other sites More sharing options...
Vermincinerator Posted April 16, 2013 Report Share Posted April 16, 2013 wymberly, with all your negativity do you actually get any shooting done!!! Ian. Quote Link to comment Share on other sites More sharing options...
vampire Posted April 16, 2013 Report Share Posted April 16, 2013 'Immediate pursuit of a bird in a vehicle',so chasing pigeons is out then,but if one flew out in front of the vehicle whilst you were shooting rabbits DAYTIME then that would be legal because you were not in 'immediate pursuit' !!!!! Quote Link to comment Share on other sites More sharing options...
wymberley Posted April 16, 2013 Report Share Posted April 16, 2013 wymberly, with all your negativity do you actually get any shooting done!!! Ian. Yes. I am of an age whereby there were rules and lore and you abided by them. Any negativity on my part is only directed at conduct that could possibly bring my chosen sport into disrepute. The land where I shoot is all owned/tenanted by farmers of a similar age to me. They must have a similar outlook as whereas I started off with just the vermin, I have now been given the game and have a free rein to get on with it. If that's the result of my negativity, so be it, it'll do for me. Quote Link to comment Share on other sites More sharing options...
wymberley Posted April 16, 2013 Report Share Posted April 16, 2013 (edited) 'Immediate pursuit of a bird in a vehicle',so chasing pigeons is out then,but if one flew out in front of the vehicle whilst you were shooting rabbits DAYTIME then that would be legal because you were not in 'immediate pursuit' !!!!! I have no wish to upset Ian again, but would shooting that pigeon under those circumstances be considered valid under the terms of the general licence? Edited April 16, 2013 by wymberley Quote Link to comment Share on other sites More sharing options...
RED BEARD Posted April 16, 2013 Report Share Posted April 16, 2013 No problem; we'll agree to differ. I, personally, would not rate my chances in court facing a tasty prosecution barrister questioning two antis who swear blind that you drove after the geese, stopped and immediately shot at them. I think your photo would have to be a video. PS Just out of interest for myself, I'll put the scenario to my daughter in law for her thoughts. She is a barrister at law and senior prosecutor with the CPS. why would i want to take a photo of my vehicle driving along?,i said if an anti took a photo of me.also where would the anti's proof be? surely even a still photo would show whether a vehicle was moving or static,and video footage would definatly prove the shooter to be in the right.you can't spend your life depriving yourself of the things you enjoy (and also have the right to do) just incase someone "might" try and fit you up.please ask your daughter in law for her opinion. Quote Link to comment Share on other sites More sharing options...
Grandalf Posted April 17, 2013 Report Share Posted April 17, 2013 What complicated minds some of you people have. Or lots of time with nothing to do... Quote Link to comment Share on other sites More sharing options...
thepasty Posted April 17, 2013 Author Report Share Posted April 17, 2013 at least people are adding value to the thread and forum which is more than can be said about your worthless pointless post, if you dont like to see people debating etc then forums are not for you. I never bite to flippant, negative, condensing posts like the above but recently I've seen too many... must be the weather. Back to the debate Quote Link to comment Share on other sites More sharing options...
seeker Posted April 17, 2013 Report Share Posted April 17, 2013 It isn't illegal to shoot from a road unless you endanger others. From memory the 50 feet from the centre of the highway and endanger, interupt etc is Highways Act. Loaded firearm or f. arm in a public place (which includes the public highway) is Firearms Act s.19 and the reasonable excuse probably doesn't include not wanting to get boots or cammo rover muddy Quote Link to comment Share on other sites More sharing options...
swiss.tony Posted April 17, 2013 Report Share Posted April 17, 2013 From memory the 50 feet from the centre of the highway and endanger, interupt etc is Highways Act. Loaded firearm or f. arm in a public place (which includes the public highway) is Firearms Act s.19 and the reasonable excuse probably doesn't include not wanting to get boots or cammo rover muddy Wrong wrong wrong if your going to get smart lest no what your talking about fella and too the others on here most of my land is estate land with many roads on which I have keys so im a tad sure I can shoot from them I would not shoot from M 62 motorway Quote Link to comment Share on other sites More sharing options...
wymberley Posted April 17, 2013 Report Share Posted April 17, 2013 Wrong wrong wrong if your going to get smart lest no what your talking about fella and too the others on here most of my land is estate land with many roads on which I have keys so im a tad sure I can shoot from them I would not shoot from M 62 motorway Don't think the man was getting smart, just telling it as it is. Would you not agree that perhaps adding in our original post that the roads you mention are actually private and not part of the Queen's highway network would have been a little advantageous, there being just a teensy weensy difference between the two. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.