Book 8 BW is the main legal regulation in the Netherlands that covers transport, including the transport of live animals. Book 8 BW regulates the rights and obligations of the parties involved in the transportation of goods, including animals, by land, water and air. Book 8 distinguishes between different types of transport, such as domestic and international transport. Article 20 of Book 8 of the Civil Code provides that the carrier must exercise due care when transporting live animals and that the carrier is obliged to take appropriate measures to ensure the welfare of the animals.

In addition, Book 8 of the Civil Code regulates the carrier’s liability. Considering the risks (e.g. due to horses’ own energy) and the value of the horses to be transported, liability is an important aspect in the transport of horses. The carrier may be liable for damage caused by delay, loss or injury to the horse unless he can prove that he exercised reasonable care to prevent damage.

Book 8 of the Civil Code also has a regulation that limits the carrier’s liability to an amount of €3.40 per kilogram. If a dressage horse worth €50,000 and weighing 550 kg dies as a result of transport, the carrier is liable for no more than €1,870. So if the weight of the goods is low but the value is relatively high, as in the case of this dressage horse and in the case of electronics or jewelry, for example, this limitation of liability can have a big impact on the amount of compensation the carrier has to pay. So the sender, consignee or owner would then be wise to make additional arrangements or purchase insurance.

General conditions of carriage (AVC).

Domestic road transport often involves the AVC. The AVC were drafted by the transport industry. The AVC are standard conditions that can apply to the domestic transportation of goods in the Netherlands and thus also to the transportation of horses. The AVC supplement the statutory provisions of Book 8 of the Dutch Civil Code. The AVC contain more detailed rules on the carrier’s liability.

Under the AVC, the carrier’s liability may be further limited in certain cases. The carrier can be exempted from liability for loss or damage to the goods if it is due to circumstances beyond the carrier’s control, such as a traffic accident through no fault of its own.

The AVC also contains provisions on the responsibilities of the consignor and consignee and also on the carrier’s liability. In principle, this is limited, which means that under the AVC the carrier’s liability for damage is not unlimited. Article 13 of the AVC, like Book 8 of the Civil Code, provides that the carrier’s liability is limited to an amount of €3.40 per kilogram, unless there is intent or gross negligence. The AVC provides procedures for making claims in the event of damage and the time limits within which this must be done. The sender or owner of the horse must act quickly to protect his rights in the event of damage during transport.

CMR Treaty

International road transport of horses is governed by the CMR Convention. The CMR Convention (Convention on the Contract for the International Carriage of Goods by Road) governs the international transportation of goods, including live animals, between countries that are parties to the Convention. It does not matter who has which nationality.

The CMR Convention has uniform rules for international transport contracts. This promotes legal certainty and makes it easier to resolve disputes. Under the CMR Convention, the carrier is required to prepare a CMR consignment bill. That waybill is proof of the transport agreement and describes the goods transported.

The CMR Convention also limits the carrier’s liability. The basic principle is that the carrier is liable, but the amount of liability is capped at a fixed amount per kilogram unless there is intent or gross negligence. The maximum liability is 8.33 SDR (Special Drawing Right, set by the International Monetary Fund) per kilogram. At the time of writing this article, 1 SDR is approximately €1.23. So in the example of the 550-kilogram dressage horse, this amounts to a limitation of liability to €5,635.25. All the more reason, then, for the sender/owner of the horse to make other arrangements in advance about the carrier’s limitation of liability.

If the carrier can prove that the damage to or death of the horse in transit was caused by a risk inherent in the transportation of horses, such as behavior due to the horse’s own energy, the carrier is not liable under the CMR Convention

Animal welfare during transport

Compared to the transportation of ordinary goods, the transportation of horses entails additional and different responsibilities. Animal welfare must, of course, be paramount and the transporter is required to take measures to ensure that welfare. Examples include: ensuring adequate rest breaks, regularly checking ventilation and temperature in the truck/trailer, and properly positioning and securing horses to prevent injury.

Conclusion

The transport of horses is covered by a number of legal regulations. The most important are Book 8 of the Civil Code, the AVC and the CMR Convention. These regulations contain rights and obligations for both the carrier and the sender or owner of the horse. Awareness and knowledge of these laws and regulations helps assess and mitigate horse transport risks and contributes to the welfare of horses during transport, both nationally and internationally.