Mounted search and rescue

["IRVIN LICHTENSTEIN" <ilichten1@verizon.net>]

While the operator (driver) is responsible for the safe operation of the vehicle he is only responsible for believing what the owner(s) and the manifest tell him. The owners of the horses, whether owners in fact, a consignee, or holders of a security interest are responsible for the humane treatment of the animals under the commerce rules.

However, unless the horses were manifested for slaughter there are no rules governing shipment, rest breaks, water, etc.  In fact most studies indicate that horses in transit get injured more when unloaded and reloaded after rest breaks do to herd conflicts.

 

As to who cleans up, that is a matter for local law.  In Pennsylvania the owner cleans up the wreckage with his own contractor.  The Commonwealth will clear the road if necessary but not clean up.  Federal Haz Mat Laws and regulations say the owner cleans up, or pays for the clean up.  However, if the owner or the authorized owner’s agent did not authorize the vet care the vets will have to sue both the owner and the state for payment.  The owner because he is the owner and responsible under most cruelty laws for providing vet care and the state because the authorities asked the vets to provide care.  The vehicle insurer may not be responsible for the cargo, the carrier may have only limited liability for the cargo, and the owner may be uninsured. 

 

As to rescues charging thousands of dollars in adoption fees, be careful.  Many do not transfer title to the horse when you think you are adopting.  In reality they are letting you have care and custody and the expenses of their horse and they will retrieve their horse whenever it suits them (like if they have another patsy lined up to pay the fee).  Remember that these “authorized humane shelters” are permitted to charge owners for care of impounded animals until a judge determines who owns what and who owes who.  And nobody audits the bills.

 

The current charge for a traffic light control box to the motorist who hits is around $50,000 and most of the utilities get $4000 for a wood pole, street signs are a little cheaper, fire hydrants a little more.

 

Irv Lichtenstein

 

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From: msar-riders-bounces@lists.ibiblio.org [mailto:msar-riders-bounces@lists.ibiblio.org] On Behalf Of Karen Nesbitt
Sent: Tuesday, October 30, 2007 7:16 PM
To: MSAR; Mounted search and rescue in Illinois USA.
Subject: [MSAR] IL Truck Wreck