>>Look. I really don’t care. The feds front the money and make the rules. <<
No they don’t. If you want, you can reread my post from the feds themselves.
>>All I know is that every state I have cowboyed in you do not drive cattle onto the on ramp, down the interstate, or across the interstate, except under special permit, not just because it isn’t safe but because it isn’t allowed.<<
Different states have different laws. Did you cowboy cattle in this state?
And the law doesn’t say you can use the Interstate to herd cattle, it says the owner isn’t responsible if cattle wander on of their own volition.
Reading is FUndamental.
What the law says is that in free range states, NV, it is the owners responsibility to fence things out, not the cattleman to fence things in. It is the interstate people’s responsibility, who ever you believe them to be, to fence cattle out. That has nothing to do with traffic laws. What he may be in trouble for is creating a hazardous condition and that is for a jury to decide, I don’t know. THough it is a free range state, it does not mean you can allow your cattle to go anywhere. If an owner fences animals out and your animal gets in you are responsible for damage, according to NV law. Perhaps the lawyer is arguing that the INterstate is fenced in (it is and throughout has cattle guards on the ramps) and that he is in violation on this point.
Furthermore, NRS 568.360 says that is an owner negligently allows livestock to enter a “fenced highway right of way” which is what an interstate is, then he may be held liable for any damage resulting from a motor vehicle/livestock accident.
There is a difference between interstate and highway just as there is a difference between freeway and highway, otherwise there never would have been different terminology. This difference may be less than it was years ago and the lawyer may be arguing semantics, in your opinion, but that is what much of the law is.
Yes, I have worked in NV.