2 VAC 5-160-10 to 2 VAC 5-160-90. [Repealed]
Virginia Regulation Text - Netscan
2 VAC 5-160-10, 20, 30, 40, 50, 60, 70, 80, 90
Fast-Track Regulations
July 11, 2016
Effective: August 25, 2016
Agriculture
Rules and Regulations Governing the Transportation of Horses
The regulatory action repeals the chapter, which has not been utilized or applied since it was adopted over 25 years ago. The agency cannot foresee a circumstance where the regulation would be needed in the future as other state animal care laws and federal laws pertaining to this topic exist. Therefore, the regulation is repealed.
Former Text of Regulations:
The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:
“Carrier” means the operator of any airline, railroad, motor carrier, shipping line, or other enterprise which, for hire, is engaged in the business of transporting any animal.
“Foal” means any horse suckling its dam.
“Horse” means those members of the genus Equus, including Equus caballus, asses, mules and hinnies.
“Mare” means a female horse.
“Pony” means a small horse standing 14.2 hands or less.
“Stallion” means an uncastrated male horse.
“Vehicle” means any machine, tractor, trailer, semi-trailer, or any combination thereof propelled or drawn by mechanical power and used upon the highways in the transportation of property.
STATUTORY AUTHORITY
§ 3.2-6501 of the Code of Virginia.
HISTORICAL NOTES
Derived from VR115-02-14 § 1, eff. May 13, 1987.
EDITOR'S NOTE
Pursuant to the revision authority of the Virginia Code Commission, in November 2008, the statutory authority was updated.
2 VAC 5-160-20. Application of this chapter.
The provisions of this chapter shall apply to loads of more than six horses being transported to a commercial slaughter facility in a vehicle.
STATUTORY AUTHORITY
§ 3.2-6501 of the Code of Virginia.
HISTORICAL NOTES
Derived from VR115-02-14 § 2, eff. May 13, 1987.
EDITOR'S NOTE
Pursuant to the revision authority of the Virginia Code Commission, in November 2008, the statutory authority was updated.
Vehicles transporting horses as set forth in 2 VAC 5-160-20 shall:
1. Be designed and constructed so that they can:
a. Be cleaned and disinfected;
b. Withstand the action of the weather; and
c. Withstand the weight of any horse which may be thrown against them;
2. Have more than one tier holding horses only if the tier is designed, constructed, and maintained to withstand the weight of the horses held by it;
3. Provide a minimum distance of 12 inches between the withers of each horse and the roof, provided that the minimum distance should only apply in so far as it permits every horse being transported to stand in its natural position;
4. Have rigid sides and suitable overhead protection;
5. Have at least two doorways for animal ingress and egress that:
a. Shall be on different sides of the vehicle;
b. Allow a minimum of 12 inches above the withers; and
c. Allow the largest horse to pass through without injury;
6. Be designed, constructed and maintained to ensure adequate and suitable ventilation for each horse;
7. Be equipped with permanently fitted shields that fully cover the projection of the wheel arches into the interior of the vehicle and prevent injury to horses;
8. Be free from any sharp edges or projections in the vehicle interior;
9. Protect all electrical fittings and wiring to prevent any horse from contact with them;
10. Be provided with a means of artificial lighting, fixed or portable, and capable of illuminating the interior to facilitate proper horse care;
11. Be designed to facilitate the inspection of the interior of the vehicle from the outside;
12. Have floors which, to ensure horses a proper foothold, are:
a. Covered with nonskid rubber or other material secured to the floor;
b. Constructed with metal grade floors with dull surfaces; or
c. Strewn with adequate amounts of sand or other nonskid substances;
13. Be provided with sufficient tying points when transporting horses which need to be secured; and
14. Have partitions:
a. As necessary to separate horses named in 2 VAC 5-160-80 and to comply with subdivision 4 of 2 VAC 5-160-60:
b. Constructed and maintained to withstand the weight of any horse which may be thrown against them;
c. Constructed to ensure that any gap which is left between the lower end of the partition and the vehicle floor will not result in injury to the limb of any horse; and
d. Of a height of at least 50 inches.
Official Virginia Administrative Code, current through 31:16 VA.R April 6, 2015, and fast-track regulations current through 31:11, January 26, 2015.
EDITOR'S NOTE
Pursuant to the revision authority of the Virginia Code Commission, in November 2008, the statutory authority was updated.
2 VAC 5-160-40. Loading and unloading.
Horses shall be loaded and unloaded in a vehicle such that:
1. A ramp, fitted or strewn with a nonskid material, shall be provided if the vertical distance from the trailer to the loading platform is greater than 15 inches;
2. No horse is caused injury or suffering by:
a. The excessive use of any device for driving horses; or
b. Contact with any part of the vehicle or accessory carried within;
3. Horses shall be tied as necessary;
4. In vehicles containing more than one tier, the weight of the horses upon the tier shall not be greater than the amount of weight the tier can support;
5. No untied horse, other than a mare with foal, shall be carried in the same compartment with any tied animal;
6. Each horse is adequately supported against the motion of the vehicle; and
7. Each group of horses set forth in 2 VAC 5-160-80 shall be separated from every other group by means of a partition.
Official Virginia Administrative Code, current through 31:16 VA.R April 6, 2015, and fast-track regulations current through 31:11, January 26, 2015.
STATUTORY AUTHORITY
§ 3.2-6501 of the Code of Virginia.
HISTORICAL NOTES
Derived from VR115-02-14 § 4, eff. May 13, 1987.
EDITOR'S NOTE
Pursuant to the revision authority of the Virginia Code Commission, in November 2008, the statutory authority was updated.
2 VAC 5-160-50. Cleaning and disinfection.
All vehicles shall be thoroughly cleaned and disinfected after each use.
STATUTORY AUTHORITY
§ 3.2-6501 of the Code of Virginia.
HISTORICAL NOTES
Derived from VR115-02-14 § 5, eff. May 13, 1987.
EDITOR'S NOTE
Pursuant to the revision authority of the Virginia Code Commission, in November 2008, the statutory authority was updated.
2 VAC 5-160-60. Protection during transport.
STATUTORY AUTHORITY
§ 3.2-6501 of the Code of Virginia.
HISTORICAL NOTES
Derived from VR115-02-14 § 6, eff. May 13, 1987.
EDITOR'S NOTE
Pursuant to the revision authority of the Virginia Code Commission, in November 2008, the statutory authority was updated.
2 VAC 5-160-70. Food, water and exercise.
In transit, any horse subject to this chapter shall be:
1. Offered potable water at least every 24 hours;
2. Fed every 24 hours; and
3. Unloaded and exercised every 24 hours.
STATUTORY AUTHORITY
§ 3.2-6501 of the Code of Virginia.
HISTORICAL NOTES
Derived from VR115-02-14 § 7, eff. May 13, 1987.
EDITOR'S NOTE
Pursuant to the revision authority of the Virginia Code Commission, in November 2008, the statutory authority was updated.
2 VAC 5-160-80. Grouping of horses for transport.
STATUTORY AUTHORITY
§ 3.2-6501 of the Code of Virginia.
HISTORICAL NOTES
Derived from VR115-02-14 § 8, eff. May 13, 1987.
EDITOR'S NOTE
Pursuant to the revision authority of the Virginia Code Commission, in November 2008, the statutory authority was updated.
2 VAC 5-160-90. Injured or physically disabled horses.
STATUTORY AUTHORITY
§ 3.2-6501 of the Code of Virginia.
HISTORICAL NOTES
Derived from VR115-02-14 § 9, eff. May 13, 1987.
EDITOR'S NOTE
Pursuant to the revision authority of the Virginia Code Commission, in November 2008, the statutory authority was updated.