illegal couriers

[rachy]

Originally Posted by Athravan

Every commercial shipment I have from TNT comes in with a copy of the license from the wholesaler, and the license is in the senders name. I can't remember the exact details whetheit's type 1 or type 2 at the moment, but ALL wholesale boxes with animals via TNT do carry a transportation license. I can find out which type it is when I get my next delivery next week, but since the implementation of the license there has been no exceptions when buying from businesses. No box I have ever received has been opened or checked in transit and are all very clearly marked reptiles with the certificate viewable in a clear wallet on the outside of the box.

So without a copy of the licence the courier/delivery company is breaking the law?

[Athravan]

Originally Posted by rachy

So without a copy of the licence the courier/delivery company is breaking the law?

Well, I don't know. How does DEFRA define commercial/economic activity?

If they defined TNT payment as being commercial, then TNT would have to have their own license and display it. Which they have never done.

So I would make the assumption that simply by sending via TNT, you are NOT commercial. So, if you are a company that would need a license to deliver in a car... then you will need it for TNT. If you were sending reptiles to a friend, or selling offspring that was not classed as profit because you had bred them and were under the limits, I don't think that sending via TNT requires the transport license.

I have a transport license for my car. If I send via TNT, I attach my transport license. That is how it appears to be working at the moment. Whether this is in fact how DEFRA meant it to work when they implemented the licensing I don't know, but I have never received an animal that was licensed by TNT, only licensed by the company who owns the animal.

[purejurrasic]

My understanding, from my own limited experiance is that the licence is a 'transporters' licence, the conditions being attatched intended to improve conditions whilst in transit.

I belive it is NOT a breeders or traders transport licence.

I dont belive that one has to be a holder of said transporters licence in order to send animals, but rather that a person or company undertaking that transport in connection with an economic activity does indeed have to be covered by such a licence.

So, I belive that should I sell an animal and use 'anyone' to deliver it, they would need to have said transporters licence, not my self.

It is not a legal requirement that a copy of the licence accompany the animal, only that it is available for inspection, However, it IS required that the anmal transport certificate accompanies each animal. Dont get these two documents confused !

It is questionable, and as yet untested in court, if , in the absence of a transport licence is an offence committed by the transporter or the original sender, however, due to the legally intended scope of the regulations, I would suggest it is the transporter that would be commiting the offence.

It is however open to interpritation if the sender may have contribtuted to a breach of AWA by not ensuring, in writing, that the transporter was licenced.

In any event, i very much doubt that cps nor defra would bring such action in the case of a reptile, as we all know the transport laws only include reptiles etc as it was drafted rather openly and is directed towards farm (hoofed) animals.