Road Legal

The Welfare in Transport Regulations (EC) No 1/2005 came into on 5 January 2007 and replaced WATO (which had been in force since 1997). It introduced new requirements for those who transport animals commercially.

Now, if you transport animals less than 65km there will be no formal requirements to comply with, but you will be expected to comply with general  rules relating to the animal's fitness to travel, the means of transport and general good transport practice.

Defra authorisation

However, if you transport animals over 65km you will require authorisation from DEFRA. Authorisation application forms are available from the DEFRA website:

• Form for journeys over 65km and up to eight hours
• Form for journey of any length including those over eight hours

These authorisations last for five years and will only be issued to operators that can demonstrate that they have the appropriate staff, equipment and operational procedures in place in order to transport animals. Operators are also required to show they have no record of serious infringements of animal welfare legislation within the  last three years.

If you transport animals for a duration of over eight hours you must also provide the following information in order to obtain an authorisation:

• Evidence of approved vehicles and containers
• Details of procedures enabling transporters to trace and record the movement of road vehicles under their responsibility and to contact the drivers at any time
• Contingency plans in the event of emergencies

DEFRA’s new guidance is available here, including links to specifications of vehicles for particular species of animals.

Other requirements will also come into force over the next two years such as: compulsory certificates of competence for all drivers and attendants transporting farmed animals, horses and poultry on journeys over eight hours or 65km (5 January 2008), and the installation of satellite navigation systems to all vehicles used for the transport of horses (except registered horses) or farmed animals on journeys over eight hours by road (1 January 2009).

Exporting animals

If you are exporting animals out of Great Britain you must ensure that the journeys are properly planned and that you submit a route plan to the divisional veterinary manager at DEFRA for approval (divisional veterinary managers are located at these Animal Health Divisional Offices). Without this approval you will not be issued with an export health certificate.

Operators based outside Great Britain will require an authorisation from their own domestic authorities to transport animals.

By Matthew Shaw and Robyn Reed, solicitors at international law firm DLA Piper UK LLP