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Transport Regulations

NFU FACT SHEET

Date: 12 March 1996

Ref: PROF 53/96

Contact: Steve Smith

Requirements under the Welfare of Animals During Transport Order 1994, including the requirements covering documentation for transport (e.g. The Animal Transport Certificate), apply to the transport of most animals and birds.

Regulation 2 exempts the transport of pet animals (unless the transport is in the course of a trade or business) from all requirements of the Order, including any requirement relating to transport documentation.

This means that Fido can be driven to the beach for his "walkies", the author can take his gun dogs to a shoot, Johnny can take his pet mice on holiday and Samantha can transport her pony to the local Pony Club gymkhana without concern for the specific requirements of the Order. This is as MAFF intended.

However, following recent enforcement actions in the North East, a problem can arise where "commercial" vehicles are used for "private pet" transport. Enforcers faced with a pony being carried in a vehicle of farm origin, perhaps even sign written with the name/address of the business, or even, a livestock haulage business, could quite understandably query whether or not the transport of the pony is ‘private’ or in the course of a trade or business. The situation is not helped by some instances where business/trade transport have tried to claim the "pet transport" exemption.

MAFF have re-affirmed their previous position that it is not their intention that the Order should apply to "genuine" transport of pet animals. They have said, however, that where a vehicle being used for such transport is of obvious "commercial" origin, it is not unreasonable that Enforcers should seek to establish that the "private" transport of a pet animal, such as a pony being taken to the gymkhana for the son/daughter to compete, is genuinely private transport of a pet.

Members using their farm or commercial vehicles for such activity should be advised to anticipate such enquiry during any enforcement action. Obviously any information they might carry (details of the gymkhana etc.) would be of assistance in establishing the legitimacy of their claim to exemption under the "pet" transport exemption.