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'I'm just doing a favour for a friend is the

16th April 1998, Page 47
16th April 1998
Page 47
Page 47, 16th April 1998 — 'I'm just doing a favour for a friend is the
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Which of the following most accurately describes the problem?

explanation often heard Every branch of the haulage industry has its problems with unfair competition. However, professional horse transporters have more than their share of cowboys offering movement of horses at unrealistically low cost.

Some years ago Great Britain unilaterally, and only for movement in this country, declared that a horsebox (a goods vehicle) operated solely for the private movement of a person's own horses might be operated without a tachograph or an Operator's licence, and could legally be driven on the car rate of Vehicle Excise Duty. It is considered that "a gentleman's horses are his chattels" and therefore immune from the constraints of the haulier.

I can confidently state that the majority of livery yards, dealers, studs, riding schools, professional showjumpers and some trainers are now operating horseboxes within these loopholes. As all professional hauliers understand, a vehicle operated in conjunction with a trade or business requires an Operator's Licence. One dealer who was prosecuted for just such a transgression put forward as his defence the idea that the horses he moved were his property until they were sold. This was not accepted and judgement against him was made accordingly. When it comes to operating trucks legally, it's difficult to understand why an equine business should consider it is any different to a High Street store transporting goods to stock its shelves. Among the other "advantages" enjoyed by the private owner/operator of a horsebox, the vehicle's insurance would not cover business use or hire-and-reward operation. No Care, Custody and Control insurance would be held and most likely no public liability or employer's liability cover. The Inland Revenue should also be very interested in the untaxed black economy. "I'm just doing a favour for a friend" is the explanation most often heard by the Traffic Commissioners' inspectors. Their activities and equipment out on the road are now so sophisticated that a vehicle's licence can be checked immediately by computer link, but much illegal movement takes place at weekends when it is less likely that inspectors will be out and about. To operate a commercial fleet of bloodstock (racehorse)-standard horseboxes is not a cheap option if you plan to run legally with full attention paid to the current Welfare of Animals (Transport) Order 1997; the MAFF Authorisation necessary to continue in operation; and the forthcoming (July 1998) Competence Certification of drivers and travelling grooms (this covers their knowledge and understanding of the care and welfare of equines in transit). Many hirers see only the advantage of a low bottom-line price; they fail to understand that they are not only putting their animals at risk but are also contributing to breaking the law. Ignorance is no defence and the hirer should beware.

• If you want to sound off about a road transport issue write to features editor Patric Cunnane or fax your views (up to 600 words) to Nicky Clarke on 0181 652 8912.


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