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Conference noted::equitation

Title:Equine Notes Conference
Notice:Topics List=4, Horses 4Sale/Wanted=150, Equip 4Sale/Wanted=151
Moderator:MTADMS::COBURNIO
Created:Tue Feb 11 1986
Last Modified:Thu Jun 05 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:2080
Total number of notes:22383

683.0. "Legalities of Transporting Horses" by MED::D_SMITH () Tue Aug 16 1988 14:17

    
    
    We are in the process of starting a transportation service for the
    horse industry, and I might add, at reasonable rates...
   
    This came about when we had sold a horse and could not find anyone
    that could tranport. We did find a few but prices were such that 
    I would have road him through the streets/city of Boston during 
    rush hour just to keep that kind of cash in my own pocket.
                                  
    A phone call to a track barn with an offer of a flat $50.00 got
    the horse to his new owner in a hour!
    
    How would the driver and the consumer be covered in this situation?
     
    I no the animal would be covered by our auto insurance in the event
    of an auto accident. What about the animal inflicting damage upon
    itself? For instance, rears up in the trailer. Does anyone know
    the legalities around such a case? How about some type of liability
    waver that could by signed by and agreed upon by both parties?
                                                    
    Does anyone have a good format for an agreement contract? Is this
    best drawn up by a lawyer?
    
    Your inputs would be greatly appreciated...
    
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683.1MEIS::SCRAGGSTue Aug 16 1988 15:0711
    Dave, when I had my trailer I know that my insurance didn't cover
    any damage to the animals, only to the truck and trailer, most 
    auto insurance companies won't insure them.  A good person to talk
    to might be Joe Lombard out in Medway. He talked at one of our QH
    meetings last winter. Insurance companies that do insure the horses
    being trucked would like to have the waiver, although it can't prevent
    anyone from sueing or being sued.
    
    Good luck.
    
683.2Yes, but.....SMAUG::GUNNTue Aug 16 1988 18:2923
    The reason that commercial horse transport costs are high are because
    their expenses are high. Depreciation on equipment is one factor, but I
    believe the regulatory requirements (federal and state) and liability
    insurance are what will stop you in your tracks. Many people who offer
    horse transport are, strictly speaking, breaking the law, because
    they haven't "bothered" with complying with their state's Public
    Utility Commission or the Interstate Commerce Commission if they
    are going across state lines. A common carrier has a fair number
    of legal obligations to meet. Then one has to consider liability
    insurance.
    
    Normal auto, truck and trailer insurance specifically excludes covering
    liability for situations where transportation is "for a fee". Now,
    quite a number of people provide horse transport to others without
    considering any of this. I believe that as an adjunct to a boarding
    or stable business the transport of horses associated with that
    stable (i.e. boarders) can be covered under the stable's general
    liabilty insurance, which is high enough already, and the common
    carrier regulatory requirements don't apply.
    
    However, if none of this applies, and an accident occurs, the legal
    exposure can be quite large. I suggest that you thoroughly research
    these issues first, before anything happens.
683.3It's costlyKOAL::AIKENArabian Horse Breeder DTN378-6706Fri Aug 19 1988 14:1111
    I looked into insurance last year:  $1,000/year!  That prevents
    me from trailering other people's horses for a fee (although I would
    probably ask them for gas money payable AFTER the horse is delivered.)
    
    You know about interstate health certificates?  As a carrier, you
    would have to have one for each horse you take across state lines.
    I think there is a table of information about what each state requires
    in this notesfile.
    
    You might require that any horses you transport be insured by the
    owner.