Road Legal

The Welfare in Transport Regulations (EC) No 1/2005 came into force with effect from 5 January 2007 and replaces WATO (which has been in force since 1997). It introduces 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.

However, if you transport animals over 65km you will require authorisation from DEFRA: authorisation application forms are available here (form for journeys over 65km and up to 8 hours) and here (form for journey of any length including those over 8 hours). These authorisations last for 5 years and will only be issued to those operators who 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 that 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 8 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; and 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 8 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 8 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