Notes ref Transportation of Ponies

Welfare in Animal (Transport) Order 2006

The information provided is a summary but is understood by the HPA to be correct and has been derived from the DEFRA website. The HPA cannot be held responsible for any misinterpretations and recommend that all transporters read the regulations in full:

http://www.defra.gov.uk/animalh/welfare/farmed/transport/pdf/watoguidance180208.pdf

There are four parts of legislation of which players need to be aware.

Need for Animal Transport Certificates (effective from last season) – January 2007.
Certificate of Competence – January 2008.
Driving Licences.
Low Emission zone.

1. Animal Transport Certificates (ATC) and Journey Logs

The new Defra legislation for transporting vertebrates came into force in January 2007 and is only relevant to journeys of economic purpose (which theoretically includes grooms transporting ponies for patrons – see note below 2d.)

a. ATC. All horses being transported for economic purposes on a journey of any length must be accompanied by an Animal Transport Certificate (ATC). An ATC must state the origin and ownership of animals, place of departure and destination, date and time of departure and expected journey duration. This information must be available for inspection, it can be documented in any format and must be kept for six months. Click here for ATC template.

All polo players should be aware of the technical rules on fitness to travel, means of transport and transport practices (Section 2 – General Conditions for the Transport of Animals) – see end.

b. Journey Logs. Defra have agreed that Journey Logs are not required for HPA registered polo ponies when travelling to/from matches in the UK or EU, since all polo ponies should hold valid passports (and travel with them).

2. Certificate of Competence & Transporter Authorisation

Introduced in January 2008, Certificates of Competence and Transporter Authorisations are only a requirement for those transporting horses in connection with an economic activity. Certificates of Competence prove an individual is capable of handling/transporting animals, whilst a Transport Authorisation Certificate allows the lorry owner or licensee to transport animals as an economic activity. An authorisation certificate (or copy) must be carried by the driver for all journeys. Journeys are grouped into three sections and certificates are required accordingly:

a. Any journey of up to 65km. For any journey of 65kms or less, no certificates required. The distance of 65km is considered to be “from place of departure to place of destination.” Defra note that if animals are not rested for 48 hours prior to any journey then the ‘combined journey’ time ie. ‘there and back’ must be calculated.

b. Journeys over 65kms and up to 8 hours (Short Journey or Type 1)

A Certificate of Competence is required, as well as Short Journey Authorisation.

c. Journeys over 8 Hours (Long Journey or Type 2)

A Long Journey Authorisation Certificate is required (also sufficient for short journeys). A certificate of Competence must be held before a transporter can apply for Long Journey Authorisation. A Vehicle Approval Certificate must also be held for the lorry.

d. Exemptions. You do not require a certificate or any authorisation:

(i) For a journey of any distance not involving economic activity.

eg. Driving your own horses to a match 8.5 hours away, for which you are not paid.

(ii) If transporting to or from veterinary practices under veterinary advice.

(iii) If the horse(s) are accompanied by an ‘owner or responsible person (16yrs+)’ on a journey of any distance for financial gain.

However, note that it is one person per horse, up to a max. of 4 horses & 4 people.

Note. The DEFRA guidelines deem that horses driven by a groom becomes an economic activity, even though the employer may not be involved in an economic activity. Legal advice suggests otherwise:

“The Directive will apply where the lorry is driven by a

person who offers their services as a transporter of horses for reward, regardless whether that person is using his own vehicle or a vehicle owned by the owner of the horses. This is the case even if the use of the horses at destination is purely for amateur purposes.

There is a good case for saying the Directive would not

apply to a groom employed full-time as an employee (rather than under a contract for services) where the transportation of horses is but one part of the duties of the employee and no money or additional wage changes hands in connection with the transportation of the horses. Employed grooms of a private (i.e. non business) owner are not transporting horses for profit or as part of a business. They are doing so in the normal course of their employment by persons who are not themselves engaged in any commercial activity in connection with the horses being transported.

Arguably this could apply to grooms employed part-time and that driving the lorry was not principally what they were employed to do.”

However since DEFRA have only provided guidelines, there is no clear rule and a judge would have to make the final decision.

To read the full DEFRA Guidelines:

http://www.defra.gov.uk/animalh/welfare/farmed/transport/pdf/watoguidance180208.pdf

These regulations cover all vertebrates, should you need to transport lobster, worms, snails or squid the regulations will not apply.

3 Driving Licences

Overseas Residents may drive vehicles up to 3.5 tonnes, provided the driving licence remains valid for 12 months from the date of entering GB. Larger vehicles may only be driven if registered outside GB and driven into the country.

4 Low Emission Zone

On 4^th February 2008 a low emission zone was introduced around London, affecting diesel-engined lorries over 12 tonnes. All lorries over 3.5 tonnes will be affected from July 2008. There is a daily charge of £200, which is applicable seven days a week and is in addition to the daily congestion charge. Ham Polo Club is in this area. To pay the charge or for a vehicle compliance checker go to www.tfl.gov.uk/lezlondon or call 0845 607 0009.

Useful contacts for necessary certificates:

Long or Short Journey Authorisation certificates will be valid for five years, there is currently no charge. Applications are to be made through DEFRA. www.defra.gov.uk/animalh/welfare

Welfare in Transport Team

Animal Health

Block C, Government Building

Whittington Road

Worcester

WR5 2SU

The following organisations will arrange assessments for Certificate of Competence:

British Driving Society Tel. 01473 892 001

email@britishdrivingsociety.co.uk

www.britishdrivingsociety.co.uk

British Horseracing Education and Standards Trust Tel. 01638 560 743

info@bhest.co.uk