Today we are being regulated by government in everything we do – even in our pastimes. There are many millions of horse owners who will now be caught by some new regulations when you transport your horses.
The use of horse boxes is governed by the Goods Vehicles (Licensing of Operators) Regulations and the Welfare of Animals during Transport Regulations. Any horse box or lorry with a gross plated weight of over 3.5 tonnes or, an unladen weight of over 1525kg, will require an Operator’s Licence if used to carry goods of any description in connection with a trade or business, or for ‘hire or reward’. The terms are not defined and therefore the requirement for an Operator’s Licence will depend upon the individual circumstances.
Here is some guidance as to when an Operator’s Licence will be required:
In connection with trade or business
Q: I own a horse box and use it to transport horses or goods as part of my business/I compete at a professional level and use my horse box to transport my horse(s) to shows with assistance of sponsorship and/or the potential to win more than nominal prize money.
A: Where it is clear that the horse box is being used in connection with any form of commercial venture, it is likely that an Operator’s licence will be required. The owner or user would also need to be authorised by the Department for Environment, Food and Rural Affairs (DEFRA) if transporting over 65km and will require a Competence Certificate. The vehicle will require a Vehicle Approval Certificate if journeys last more than 8 hours.
Q: I am an owner of a livery yard business and compete for pleasure only. I transport my horse(s) to shows and competitions on a regular basis. There is potential to gain trophies and rosettes, together with nominal winnings.
A: Where the transport of horses is purely on an amateur level and strictly outside the course of your business, and any potential winnings are nominal, an operator’s licence would not usually be required.
Hire or reward
Q: I own a horse box and my friend and I attend shows on a regular basis, outside the course of our business and purely on an amateur level. We travel together and share the expenses of doing so.
A: ‘Hire or reward’ can include any payment for transportation, however small, whether by money
or otherwise, which benefits the owner or user of the vehicle. If only modest sums are involved it is unlikely that VOSA would require you to have a licence, however, if the carriage is for profit, an operator’s licence would be required.
Further considerations
Anyone using their vehicle should check that they are insured for the use and purpose they are putting the vehicle to. Mistakes could leave the owner of the vehicle uninsured – that could be catastrophic!
Please note the examples given are guidelines only and are no replacement for specific advice. If you are in any doubt as to whether a licence is required, please contact us at Wright Hassall LLp for further information or advice. Alternatively you should contact VOSA directly and obtain written confirmation of whether an operator’s licence is required.
This article was first published in NewsBrief, Summer 2008
For more information or advice on Operators Licences please contact Richard Lane or Laura Wheeler
