To ask the Minister of State, Department for Transport pursuant to the answer of 17 June 2009, Official Report, column 290W, on driving: working hours, which categories of privately-owned horsebox are exempt from EU regulations on drivers’ hours; and whether drivers of horseboxes are considered commercial or non-commercial drivers. (284948)

Privately owned horseboxes are exempt from the directly applicable EU drivers’ hours rules if they do not exceed 7.5 tonnes and are being used for the non-commercial carriage of goods.

Generally speaking, the Vehicle and Operator Services Agency (VOSA) would normally consider that a vehicle not exceeding 7.5 tonnes is being used on a non-commercial basis where it is clear that the carriage of goods (in this case horses) is not with a view to making a profit. But ultimately, of course, it remains for the courts to interpret the law.