GUIDANCE NOTE: TRANSPORTING OF LIVESTOCK AND ANIMALS

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1 Date: 30/08/13 Ref: GN15-13 No responsibility for loss occasioned to any person acting or refraining from action in reliance on or as a result of the material included in or omitted from this publication can be or is accepted by the author(s), the Country Land and Business Association Limited or its officers or trustees or employees or any other persons. Country Land and Business Association Limited. All rights reserved. No part of this publication may be reproduced or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, or stored in any retrieval system of any nature without prior written permission of the copyright holder except as expressly permitted by law. GUIDANCE NOTE: TRANSPORTING OF LIVESTOCK AND ANIMALS Introduction Under both European and domestic legislation, livestock owners have a legal responsibility to ensure their animals are transported in a way that won t cause injury or unnecessary suffering to them. This Guidance Note explains the legislation in place concerning livestock during transit, as well as details of how the rules vary according to the distance and duration of journeys and for what purpose the journey is being made. A flow chart has been produced at the end of this note (figure 1), to clarify under what circumstances a certificate, licence or Authorisation is required, and what exemptions are available. This Guidance Note does not cover driving licence categories and eligibility for them. The below information assumes users are aware of licensing requirements for vehicle and trailer categories. Legislation The EU s Regulation (EC) No. 1/2005 on the protection of animals during transport sets out minimum standards for the welfare of animals during transport. The Regulation applies to the transport of all live vertebrate animals for the purposes of economic activity. The Regulation requires those transporting animals in connection with an economic activity to be in possession of a transporter Authorisation and, where appropriate, a certificate of vehicle approval. These documents have a maximum lifecycle of five years. There are however a number of exemptions to these requirements, explained in this note. Irrespective of whether you are required to hold an Authorisation, a licence or certificate, any livestock owner must transport animals in a way that will not cause them injury or unnecessary suffering. Domestic legislation covers general rules for animal welfare, however European legislation governs the welfare of animals during transport, and applies to anyone who transports live, vertebrate animals in connection with economic activity. General good practice To help ensure your animal movements are compliant with both domestic and European legislation, the following measures are recommended by the Department for Environment, Food and Rural Affairs (Defra): It is implemented in England by The Welfare of Animals (Transport) (England) Order 2006 and by parallel legislation in Wales, Scotland and Northern Ireland. Plan journeys thoroughly and keep the duration to a minimum Ensure all journeys are logged (date, time, duration etc) 1

2 Ensure the animals are fit to travel and check them regularly Ensure vehicle loading and unloading facilities are constructed and maintained to avoid injury and suffering Ensure those handling animals are competent and don t use violence or any methods likely to cause fear, injury or suffering Provide sufficient floor space and height allowance Provide water, feed and rest as needed. Fitness for travel Defra states that it is illegal to transport an animal that s considered unfit for travel. This includes: Very young animals, such as calves less than ten days old, pigs less than three weeks and lambs less than one week old Calves less than 14 days old, for journeys over eight hours Cervine animals in velvet, i.e. deer with newly growing antlers Puppies and kittens less than eight weeks old, unless accompanied by their mother New-born mammals where the navel hasn t completely healed Heavily pregnant females - where more than 90 per cent of the expected gestation period has passed - unless they are being transported for veterinary treatment Females who have given birth during the previous seven days Sick or injured animals where moving them would cause additional suffering, unless instructed by a vet Shorn sheep during cold weather. Enforcement Local authorities have primary responsibility for enforcing the rules to protect animals during transportation. Veterinary inspectors from the Animal Health and Veterinary Laboratories Agency (AHVLA) also have powers to ensure livestock owners and transporters are compliant with legislation. Defra collects information about any transporters caught breaking the law from local authorities, the AHVLA and authorities abroad. This information is used when deciding whether to grant, suspend or cancel transporter authorisation. Defra has also provided more detailed guidance on the transportation of certain livestock types, including specific considerations for cattle, pigs, sheep, poultry and goats. These include consideration relating to gestation, young stock or newborn animals. In what scenario would a livestock owner need a licence, a certificate or authorisation? 1. Authorisation Certificates are required for any journey over 65km (40 miles) connected to an economic activity. Authorisation Certificates are issued by AHVLA, and last for 5 years (unless revoked or suspended). They come in two categories: A Type 1 (short) Authorisation for journeys over 65km (40 miles) and up to and including 8 hours in duration. A Type 2 (long) Authorisation for journeys over 65km (40 miles) and up to and over 8 hours in duration. Authorisations must be held if the transporting of livestock is done for an economic activity. Defra have taken the view that an economic activity consists of: Any transport of animals undertaken as part of a business or part or commercial activity, which aims at achieving financial gain, whether direct or indirect, for any person or company involved with transport. This is likely to include journeys made by: Commercial hauliers Farmers 2

3 Commercial pet breeders (including dog racing, advertisements etc) Where animals are transported to be sold as part of a business Zoos and leisure parks 2. For journeys over 50 kilometres (30 miles), and up to eight hours involving any species of animal as part of an economic activity, you must have an Animal Transport Certificate (ATC). Defra have produced a template form that keepers/transporters can use, but any other document which records the required information is acceptable, such as an Animal Movement Licence. Owners must record the following information: origin and ownership of animals place of departure and destination date and time of departure expected duration of journey This information must be kept for six months after the journey is complete and made available to an inspector if requested. 3. If a journey is over eight hours and involves dispatching and exporting farm livestock or unregistered domestic equidae to another country, a Journey Log is needed instead. 4. If journeys are less than 65 kilometres (40 miles), handling training is required, but it doesn t have to involve a formal qualification. It is acceptable for skills to be gained through a combination of on-the-job instruction and practical experience. Training should cover: Fitness for travel Means of transport and use of its facilities Loading, unloading and handling Watering and feeding intervals Journey times and rest periods Space allowances Documentation However, if journeys are over 65km, drivers responsible for transporting farmed cattle, sheep, goats, pigs, poultry and domestic equidae must hold a relevant certificate of competence. These are independently assessed qualifications specific to the person s role- the species and duration of journeys involved is also a factor in the qualification. What exemptions are there to these rules? You do not require an Authorisation, certificate or licence for transporting animals if the journey is not in connection with an economic activity. This includes journeys: Not in the course of business or trade Not for hire or reward Where the animals are pets taken for a private journey Where animals are taken to a specialist show or competitions and the primary purpose is for pleasure and not business Where animals are taken to an event for the purposes of showing or competing for pleasure (however a haulier paid to transport the animals would require an authorisation). Furthermore, the rules do not apply to the transport of animals: I a journey is under 50km (31 miles) If the transport is to or from veterinary clinics under veterinary advice When the animal is a single animal accompanied by a person responsible for its welfare (or two animals accompanied by two people). Defra and AHVLA have taken the view that the owners of animals shown for competitive exhibition purposes or used for breeding for example, should not be subject to the full extent of the Regulation. This is because animals are kept purely as a hobby and not for commercial purposes. If the animals are kept with a view to operating a business, for example where subsidy payments are claimed, for the selling 3

4 of offspring, meat and meat products, wool, eggs, cheese, milk etc (this is not an exhaustive list), then they will fall within the Regulation s scope. To avoid any potential for prosecution, a hobby keeper would need to show that the animals are not being moved for commercial purposes. Defra and AHVLA have taken the view that an individual animal should not be taken to mean that a single animal in a vehicle is all that would qualify for the individual animal exclusion. Their interpretation permits more than one individual animal to be transported in the same vehicle provided that each is accompanied by a single person who has responsibility for it during transport. This means that a female animal with her dependent young should be considered as an individual animal, e.g. a mare with her foal at foot, should be treated as a single entity. Other examples would include sheep dogs travelling with their owner or a horse travelling with a goat companion in a horsebox. There could be examples in which livestock owners are unsure whether or not they fall into the list of exemptions. If CLA members are in any doubt about this, they should contact the CLA, or AHVLA. Edward Barker Agricultural Adviser 4

5 5 Figure 1. A flow chart to demonstrate under what circumstances an Authorisation, certificate of competence and ATC would be required, along with their respective exemptions.