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msar-riders - Re: [MSAR] IL bill to ban double deckers

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  • From: "IRVIN LICHTENSTEIN" <ilichten1@verizon.net>
  • To: <dbs54neigh@earthlink.net>, "'Mounted search and rescue'" <msar-riders@lists.ibiblio.org>
  • Subject: Re: [MSAR] IL bill to ban double deckers
  • Date: Wed, 07 Nov 2007 23:58:10 -0500

I suggest you have this bill amended.  It does not ban doubles, just doubles hauling only horses.

It will permit multilevel trailers as long as two horse decks are not on top of each other.  The question is whether to ban multi-decks for short animals.

Pigs, hogs, chickens, cows/steers could be hauled in doubles based on height. Perhaps even ponies or minis could fit. Banning multi-decks for other livestock would probably create an economic hardship on those industries where multi-decks have been in use for long periods of time. 

 

You want to define the crime as hauling livestock in a vehicle (that way it includes straight trucks as well) where the interior height is not sufficient to allow the livestock to stand in a normal position (see a vet about normal). Further, no vehicle shall be loaded with livestock until after the interior height of the vehicle shall be certified as adequate for the load.  Falsely certifying the interior height as adequate shall constitute unsworn falsification, making an untruthful  statement on an official record, perjury (or whatever IL calls it). Operating a vehicle with a load without adequate interior height shall constitute an offense for each animal so loaded.  Consigning or accepting consignment of a load that cannot be carried except in a multi-deck vehicle with inadequate interior height as evidenced by the condition of the load shall constitute an offense for each animal so consigned. The owner of the vehicle shall be liable for any costs, fines, or fees imposed by a court as restitution to the jurisdiction for the costs of prosecution, including but not limited to the care and feeding of any live evidence, storage of dead evidence, the vehicle, veterinary examination, and should an accident have resulted from this violation, making all other parties whole.

 

Any peace officer may enforce this provision on sight and may apply for a warrant to seize the vehicle and load as evidence on his observations or on the basis of a sworn affidavit describing the incident by a citizen. This offense may be the primary offense or the causative offense if other subsequent crimes are alleged.

 

This is a broad and vague as you can get while still being enforceable.  This also means that if an accident results from operating the illegal load death would be homicide, not manslaughter.

 

Irv Lichtenstein       

 

 


From: msar-riders-bounces@lists.ibiblio.org [mailto:msar-riders-bounces@lists.ibiblio.org] On Behalf Of David Skofstad
Sent: Wednesday, November 07, 2007 7:56 PM
To: Mounted search and rescue
Subject: [MSAR] IL bill to ban double deckers

 

A  bill has been introduced in the Illinois legislature to ban transport of horses in double-decker trailers.   With our recent experience, this is something we can get behind.

 

Please contact your state representatives. 

 

 




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