Equine welfare in the use of animal and animal-drawn vehicles on the road regulations

Abstract

This thesis aims to focus on equine welfare in the use of animals and animal-drawn vehicles’ regulations, with particular emphasis on the newly enacted Subsidiary Legislation 499.66 on the Use of Animals and Animal-drawn Vehicles on the Road. Starting with an introductory chapter focusing on the history of animal welfare laws and Maltese traditional practices involving equines, the author aims to take a closer look into past and present animal welfare laws in Malta and two equine traditional practices, namely the karozzini and the traditional road races that take place on Maltese roads. To some extent the traditional karozzini have always been regulated unlike the equine road races. However, the notion of referring to these practices as “traditional” may lead to confusion over whether these form part of our cultural heritage and therefore regulated by the Cultural Heritage Act. Furthermore, the enactment of some laws whose main aim was not to regulate equine welfare and equines on the roads, still affected the traditional equine practices as will be seen in this study. This thesis then gives due consideration to the newly enacted Subsidiary Legislation 499.66 on the Use of Animals and Animal-drawn Vehicles on the Roads, since these regulations regulate the karozzini, the traditional road horse races and also provide for the generic welfare of equines on the roads. However, it is very much debatable whether this piece of legislation is enough to safeguard equine welfare in general and, particularly on our roads. Following this discussion, the thesis will tackle challenges to current legal instruments where the focus will lie on the provisions of the law and their enforcement. Ultimately, the final part of this thesis analyses and compares foreign legal tools and non-binding instruments to our legal framework which affect these cultural traditions. While critically highlighting the progress needed locally, the author aims to pave the way towards improving our legal position in relation to equine welfare.