skychick
Well-Known Member
As per question.....having a bit of a numpty moment!
In short, no are not obliged to provide the passport to the loaner.
When you sell a horse you must give the passport to the buyer at the time of the sale. 'Sell' includes any transfer of ownership. You are not transferring ownership when loaning.
S.4, Horse Passport Regs 2009
However:
A horse's passport must be carried each time it is transported. An inspector can also require that a passport be produced within three hours at any other time. (A summary of Section 20-23 from H&H).
So as long as you are a) certain that the horse will never need to be transported, including to the vets, and b) confident you can get to the loaner's yard within 3 hours at all times, then don't hand over the passport!
I don't really see the fuss about not handing them over - they don't prove ownership and I cannot imagine why you'd hand the horse/tack etc over to someone you didn't trust but not the passport....and if you trust them, why the issue in giving them the passport too?!
Anyway, mine went with the horse last year because BE will check passports at events (as will RC) so the loaner needed it as horse is a Novice eventer.
I just kept a scanned copy and had a decent contract.
Theres no fuss as to handing it over.....its just that this is the first time i have loaned out a horse and i was getting his stuff together and wasnt sure whether the owner had to keep the passport or whether the person loaning had to have it!
Eeeek mixed views on that one.
If you dont send it with the horse how can the vets make note of the vaccination records etc???
I, personally, would photocopy it, write on the top that this horse is on loan, please call "your number" if there is a problem, and then get them to take THAT wherever she goes.
I know its not meant to be proof of ownership, but....
Agree.
Sorry for getting legal (in my nature) but Article 3 of COMMISSION REGULATION (EC) No 504/2008 states that where the keeper has no ownership of the equine animal he shall act within the framework of this Regulation on behalf of and in agreement with the natural or legal person having the ownership of the equine animal (the owner).
So, as the owner has responsibilities to provide the passport, upon request from a relevant governing body, the loaner would be required to do the same as they step into the shoes of the owner. It only defines provision though and not the form it should be in so a copy of the passport, I assume, would suffice.
Lol panic not, im not trying to make loaners out to be dishonest.....i tried to have a horse on loan before i bought mine but there was nothing out there suitable so i know there are genuine loaners. It was just one of those moments where i wasnt sure. I knew the horse must have a passport that is available at all times, but just wasnt sure whether the owner had to keep it or the loaner.
I was going to give it to the loaner with the horse and his rugs, then i had a sudden though as to whether i was actually meant to keep it etc.
So i wanted to check so that i can put it in his suitcase as im not actually going to be there when he leaves :-( as the only time his loaner can collect him is when i am away so i needed to make sure.
To be honest, if handing the passport over worries you that much, why on earth would you even consider handing your actual horse over???