The DVSA recently released a press release about the rules for transporting horses in horseboxes and trailers following an update on the guidance about using a tachograph in the vehicle being used to transport the animals.

Whilst this type of HGV transport is ‘niche’, it does illustrate some of the issues that people face who are using vehicles in the course of their business but who do not consider themselves “transport operators”.  At Pellys Transport & Regulatory Law we often have clients whose main business involves the ancillary use of HGVs to support their main commercial activities (selling widgets, moving equipment etc.) who end up falling foul of the regulatory regime simply because they do not consider what they are doing as falling within the O Licence rules.

Happy Hacker or Top Competitor?

The world of horses covers the hobby rider through to the professional Olympian and everyone in-between!  It may be that you own a horse and have a car and trailer that you use to take your horse to the beach for a long hack or to the local show jumping competition, or it may be that you are a professional rider taking your owners’ horses that you are paid to ride to and from large events such as Badminton and Burghley.  You may hire out your horses for use in stunts or for period films and need to transport them to and from various locations in order to do so.  Whichever category of ‘horsey-person’ you are, you should ensure that you know what rules apply to you and what you need to have in place to be transporting your animals safely and in compliance with the regulations.

The DVSA has produced some guidance on this area which breaks down the applicable issues into various sections.

• Do you have the right driving licence for the weight of your vehicle or trailer?
• Do you have an Operator’s Licence?
• Are you qualified to transport horses if you are travelling for over 8 hours in one journey?
• Do you know what the weight limits for your vehicle are and how to avoid overloading?
• What are the speed limits for your vehicle?
• Do you know how to carry out regular safety checks?
• Do you have a valid MOT for your vehicle and/or trailer?
• Do you know what the rules are for animal welfare?

The first section deals with what type of driving licence you have and what that allows you to either tow or drive.  The rules state that you must have the correct driving licence category for the size and type of vehicle (and trailer) you are using.  The date when you passed your driving test will affect what category of vehicle you can drive.  If you passed your test prior to 1^st January 1997 you are allowed to drive a vehicle and trailer with a maximum authorised mass (known as MAM) combined of up to 8,250kg.  After this date the weight is restricted to a combined vehicle MAM of 3,500kg.

Whilst most people would be aware that over a certain weight of vehicle one needs an HGV licence to drive the vehicle, not all are certain what that weight actually is!  The DVSA states that you must have an HGV driving licence to drive a horsebox which has a MAM over 3,500kg.  In order to have an HGV licence you must pass the Driver Certificate of Professional Competence (CPC).  If driving is not the main part of your job you will just need to pass the theory (Part 1) together with Part 3 (off road exercises) and Part 3b (on-road exercises).  Click here to view the guidance on whether you need a driver CPC!

Do you need an O Licence?

The simple rule of thumb on this is to start by determining if you are using a horsebox or trailer for commercial purposes with a combined gross plated weight over 3,500kg.

The DVSA defines a commercial purpose as including:

• Being paid directly or indirectly to transport horses
• Getting payment as a result of transporting horses, for example, getting prize money for taking part in competitions
• Using a horsebox (or car and trailer) for a business.

Being paid indirectly is defined as “including a membership subscription to a club, or paying for another service that includes transport of the horses.

Within the world of O Licences there are different categories.  The type of licence can depend on the vehicle being used and who the horses belong to that are being transported within it.

According to the guidance, a Restricted Licence is required if you are:

• Using a vehicle with a MAM of more than 3,500kg.
• You own the horses that you are transporting
• You are only transporting horses within the UK and the EU.

A Standard National Licence is required if you are:

• Using a vehicle with a MAM of more than 3,500kg
• You do not own the horses that you are transporting
• You are only transporting the horses within the UK.

A Standard International Licence is required if you are:

• Using a vehicle with a MAM of more than 3,500kg
• You do not own the horses that you are transporting
• You are transporting the horses outside of the UK.

The DVSA guidance highlights that you must carry out regular checks of horse vehicles and they can impound your vehicle (and trailer) if you do not have the correct operator licence for the activity/work that you are carrying out.

Clear as Mud?

The issues with transporting horses and whether it is being done commercially or for hire or reward can become a bit ‘muddy’.

For instance if a livery yard owner has a horsebox which is over 3.5 tonnes that they usually use to take their own horses to and from dressage shows or show jumping competitions decides to help out one of their livery horse owners to transport that owner’s horse to the same competition for the owner of the horse to ride as a favour, but asks for diesel money to do so, what type of O Licence do they need in order to be able to do so?

What about the horse owner who hires out themselves and their horses for film stunt work?  They are only transporting their own horses in their own vehicle and they are only getting paid for the stunt work they are doing on the film set.  Should they have an O Licence to allow them to transport their horses and equipment in their own vehicle?

Take away the word ‘horse’ and replace it with ‘racing car’ or ‘wedding marque’ and you start to get an idea of how some people can get caught out and find themselves on the wrong side of the DVSA and/or the Police.

For further information on this matter click here.   Or call us on 01279 818280 or click here to send us an email.  We are here to help.

© Richard Pelly November 2025