samoyedman Posted March 15, 2011 Share Posted March 15, 2011 (edited) http://www.dailytelegraph.com.au/news/nsw-...i-1226022077830 IT might only be a little white fluffy dog - but the family pooch has now become a very big problem for an Eastern Suburbs businesswoman. Odelia Levitt, a counsellor and former art dealer, was convicted and fined yesterday over the little-known offence of "drive [a] motor vehicle with [a] person or animal in lap". Originally issued with a $340 infringement notice in April last year, Levitt fought the case in the local court and lost, with a magistrate adding a criminal conviction to her punishment. Still not satisfied, she pursued an appeal in the District Court yesterday. But if she thought she was going to find any sympathy for the misdemeanour there, she was sorely mistaken. Levitt was fined after a police officer pulled her over claiming that he had seen her driving a black BMW through Woolloomooloo with the "head of a small, long-haired, white dog resting over [her] right arm ... protruding from the driver's side window". . Senior Constable Grant Ellis pursued the car up Cowper Wharf Rd and when he stopped and approached the car, he asked Levitt whether she knew the reason she had been pulled over. She said: "No ... tell me and I'll know." He replied: "OK ... do you find it hard to drive with the furry thing on your lap?" Levitt replied: "He was only on my lap further down when he ... came to the window, OK?" Levitt's barrister Phillip Ramos told Judge Helen Syme yesterday the issue was with the "credibility findings" in the lower court, saying the police officer's evidence should not have been preferred over his client's husband, who claimed the dog had moved on to his wife's lap only when the car stopped. But Judge Syme described as "fantasy" the lawyer's argument Levitt was pulled over for a random breath test. "She could have escaped a [criminal] record by paying the infringement notice ... she hasn't accepted this finding of the court, she doesn't show any remorse, she doesn't accept that what she did was wrong," Judge Syme said of Levitt's bid to have her punishment for the offence reduced. Mr Ramos quickly withdrew the severity appeal when the Judge Syme revealed that she was contemplating increasing Levitt's penalty. Edited March 15, 2011 by samoyedman Link to comment Share on other sites More sharing options...
Souff Posted March 15, 2011 Share Posted March 15, 2011 Hmmm, so a criminal conviction was added to the original fine. Well, if one drives around allowing a precious innocent dog to become a potential missile when we have to slam on the anchors, then yes, that is criminal. We are supposed to love and protect our dogs and this law is there to protect both dogs and humans. Good work SC Ellis, and well done to both the magistrate and judge for not caving in. Link to comment Share on other sites More sharing options...
tdierikx Posted March 16, 2011 Share Posted March 16, 2011 Ummm... even if the dog "only moved onto her lap when she stopped", wouldn't she be breaking the other law that says you are supposed to have them restrained or contained? T. Link to comment Share on other sites More sharing options...
MolassesLass Posted March 16, 2011 Share Posted March 16, 2011 But if she thought she was going to find any sympathy for the misdemeanour there, she was sorely mistaken. And there's none here either! Link to comment Share on other sites More sharing options...
Clyde Posted March 16, 2011 Share Posted March 16, 2011 (edited) Ummm... even if the dog "only moved onto her lap when she stopped"have them restrained or contained?T. There is no NSW law that says that though , just that they can't be on your lap. eta: the quote thingo stuffed up, but Im sure you know what I mean! Edited March 16, 2011 by Clyde Link to comment Share on other sites More sharing options...
tdierikx Posted March 16, 2011 Share Posted March 16, 2011 (edited) OK - I found this... http://kb.rspca.org.au/Do-I-need-to-restra...my-car_303.html T. Edited March 16, 2011 by tdierikx Link to comment Share on other sites More sharing options...
Boronia Posted March 16, 2011 Share Posted March 16, 2011 it seems that "Odelia Levitt, a counsellor and former art dealer" tells fibs as well Link to comment Share on other sites More sharing options...
BMAK Posted March 17, 2011 Share Posted March 17, 2011 my pet hate small dogs in a drivers lap ! would be a different story if you could fit your rotti on your lap lol Link to comment Share on other sites More sharing options...
MolassesLass Posted March 17, 2011 Share Posted March 17, 2011 Ummm... even if the dog "only moved onto her lap when she stopped"have them restrained or contained?T. There is no NSW law that says that though , just that they can't be on your lap. eta: the quote thingo stuffed up, but Im sure you know what I mean! Wow! Qld is the progressive one for once. It's not just being on the lap, if the police officier believe you are not in full control of the vehicle due to the dog, you can also be fined. The RTA advises that police can fine a driver and issue demerit points if an animal is causing the driver to be not in full control of the vehicle, or if they are driving with a dog on their lap. The penalties are three demerit points and $338, but in a school zone the fine rises to $422!A driver, motorcycle rider, bicycle rider or passenger must not lead an animal, while the vehicle is moving. Animals should be seated or housed in an appropriate area of the vehicle. The RSPCA can also issue fines under The Prevention of Cruelty to Animals Act. If an animal is injured because it was unrestrained, owners face up to six months’ jail and fines of up to $5,500. The Australian tradition of carrying dogs untethered on the backs of Utes can land drivers with on-the-spot fines of $500. Link to comment Share on other sites More sharing options...
mona Posted March 18, 2011 Share Posted March 18, 2011 Well done to the magistrate who oversaw this - the correct verdict was reached ! We have 2 SWF's - when they are in the car they are both strapped in the back with their harnesses fpr their safety as well as ours . Some people are just fools Link to comment Share on other sites More sharing options...
Rayvale Posted March 18, 2011 Share Posted March 18, 2011 I'm sure if this woman had a child in the car then the child would not be allowed to sit in her lap or run around freely! Link to comment Share on other sites More sharing options...
Jeff Jones Posted March 18, 2011 Share Posted March 18, 2011 Odelia's barrister Phillip Ramos should have known he was fighting a losing battle walking in to a courtroom with Judge Syme. Helen is pretty good at bringing people back to reality. Link to comment Share on other sites More sharing options...
Katie P Posted March 18, 2011 Share Posted March 18, 2011 I am not clear. Is this the law of NSW or the 'law' of the RSPCA? Also, I have seen some people strap their dogs in the front passenger seat- is this considered to be ok? I put mine in the back..... Link to comment Share on other sites More sharing options...
sandgrubber Posted March 18, 2011 Share Posted March 18, 2011 sounds to me like the law of common sense, which has somehow managed to make its way into the law of NSW. I don't want to share the road with someone driving with a pooch in their lap. Good on the system for enforcing and insisting on enforcement. I don't know what the law is in NSW . . . but most places I've lived allow dogs in the front seat. I've never heard of anyone getting fined for it. But then, ten years ago there wasn't much enforcement of seat belt violations . . . so who knows. I am not clear. Is this the law of NSW or the 'law' of the RSPCA?Also, I have seen some people strap their dogs in the front passenger seat- is this considered to be ok? I put mine in the back..... Link to comment Share on other sites More sharing options...
Tapua Posted March 18, 2011 Share Posted March 18, 2011 (edited) I have a couple of Labs and a Border Collie who would love to be in my lap while I drive NOT!!!! Glad to see an Eastern Suburbs princess get held accountable for doing stupid! Edited March 18, 2011 by Tapua Link to comment Share on other sites More sharing options...
Souff Posted March 19, 2011 Share Posted March 19, 2011 I am not clear. Is this the law of NSW or the 'law' of the RSPCA?Also, I have seen some people strap their dogs in the front passenger seat- is this considered to be ok? I put mine in the back..... Katie, there are 2 laws in New South Wales that speak to the matter of dogs in cars. One law is through the road rules (RTA) and the other law in the Prevention of Cruelty to Animals Act. Both laws can be enforced by a police officer or by other authorised people. As well as the laws, there are the RECOMMENDATIONS that can be found on the RSPCA's website. A lot of people are not aware of the laws, and some people are aware but don't really think that the POCTA law applied to dogs in cars, only to dogs on utes. Wrong! The first part of this rule does not specify what type of vehicle, it is about pain being caused to an animal. I have been told that this law most definitely applies to dogs in cars if you have transported your dog and caused the dog unnecessary pain (usually impact injuries sustained in an accident, as a result of the dog not being secured in the vehicle and being thrown about). Here are both of the NSW laws, and further down is the RSPCA's recommendations and policies: This is the law that is written into the road rules in NSW: Driver to have proper control of a vehicle A driver must not drive with a person or animal in the driver’s lap. The rider of a motorbike must not ride with an animal on the fuel tank. This does not apply to a person who travels less than 500 metres for the purposes of farming. PENALTY: Three demerit points (four in a school zone) and a $324 fine ($405 in a school zone). ------------------------------------------------- This is the law as written in the NSW Prevention of Cruelty to Animals Act: Prevention of Cruelty to Animals Act 1979 No 200 Current version for 9 July 2010 to date (accessed 19 March 2011 at 14:31) 7 Carriage and conveyance of animals (1) A person shall not: (a) carry or convey an animal, or (b) where the person is a person in charge of an animal—authorise the carriage or conveyance of the animal, in a manner which unreasonably, unnecessarily or unjustifiably inflicts pain upon the animal. Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual. (2) Without limiting the generality of subsection (1), a person shall not: (a) carry or convey a horse on a multi-deck vehicle, or (b) where the person is a person in charge of the horse—authorise the carriage or conveyance of a horse on a multi-deck vehicle. Maximum penalty: 250 penalty units in the case of a corporation and 50 penalty units or imprisonment for 6 months, or both, in the case of an individual. (2A) Without limiting subsection (1), a person must not carry or convey a dog (other than a dog being used to work livestock), on the open back of a moving vehicle on a public street unless the dog is restrained or enclosed in such a way as to prevent the dog falling from the vehicle. Maximum penalty: 50 penalty units or imprisonment for 6 months, or both. (3) In this section: multi-deck vehicle means a motor vehicle or a trailer drawn by a motor vehicle that: (a) is used to carry or convey animals, and (b) on which animals are carried or conveyed in two or more layered sections. --------------------------------------------- These are the RSPCA’s recommendations and policies: RSPCA Australia knowledgebase / Companion animals / Do I need to restrain my dog when travelling in my car? Do I need to restrain my dog when travelling in my car? Depending on the circumstances, restraining a dog in a car may provide several safety benefits both to the dog and the occupants of the car: • the dog cannot move around within the car and therefore has less potential to distract or disrupt the driver • in a collision, the dog may be less likely to become a projectile thereby potentially decreasing the risk of injury to the driver or passengers • restraint may prevent the dog from jumping out of a moving car’s window which may reduce the risk of injury to the dog and other road users. Vehicle restraints for dogs are widely available and include restraints that either attach to existing seatbelts or have buckles that clip directly into the seatbelt. Generally, restraints may be attached to the dog’s collar or harness. Some groups advocate the use of pet transport containers or crates (appropriately secured within the car). This may reduce the ability of the dog to disrupt or distract the driver and may also reduce the likelihood of a dog becoming a projectile during a collision and/or may prevent the dog from jumping out of the car. While RSPCA Australia does not have a specific policy on the appropriate restraint of dogs in cars we do have a policy regarding containers for transport. The container should enable the animal to lie down flat, turn around, stand erect and stretch with clearance. Another method, for drivers with station wagons, is to put the dog behind a cargo barrier. This may not prevent an injury to the animal in the event of a collision but may help to prevent the animal from harming the human occupants. At this stage, RSPCA Australia considers that further research using non-animal models is needed to determine the safest and most effective way of restraining dogs and other pets in cars in order to reduce the risk of injury to the animal, driver; other occupants in the car and other road users. We recommend that you consult your Road Traffic Authority website to find out about the road rules involving animals in your specific state/territory. In NSW for example, the RTA road user's handbook states ithat: • A driver, motorcycle rider, bicycle rider or passenger must not lead an animal, including by tethering, while the vehicle is moving. Animals should be seated or housed in appropriate areas • A driver must not drive with an animal in the driver’s lap Link to comment Share on other sites More sharing options...
Katie P Posted March 20, 2011 Share Posted March 20, 2011 Thanks everyone Link to comment Share on other sites More sharing options...
Danois Posted March 20, 2011 Share Posted March 20, 2011 Ummm... even if the dog "only moved onto her lap when she stopped", wouldn't she be breaking the other law that says you are supposed to have them restrained or contained?T. There is NO law in NSW which requires dogs to be restrained in a car. Odelia's barrister Phillip Ramos should have known he was fighting a losing battle walking in to a courtroom with Judge Syme. Helen is pretty good at bringing people back to reality. Link to comment Share on other sites More sharing options...
Rehnagaede Posted March 20, 2011 Share Posted March 20, 2011 I work at Hungry Jack's at the back making the burgers (heh, yeah, it's a real fun job /sarcasm) and I can see the drive through windows from my station, and I looked up the other day to see a woman with a tiny dog sitting behind on her shoulders and nestled between there and the back headrest. It looked highly dangerous, as the dog's head was poking out the open window, and I was thinking that if the woman took a sharp turn, the poor thing would have slid out the window. In hindsight, I should have told her off and threatened to call the police and RSPCA, but I didn't think of it at the time. The stupid things some people do with their dogs, risking their lives and not even realising it. Link to comment Share on other sites More sharing options...
j Posted March 21, 2011 Share Posted March 21, 2011 Its an offence in the ACT - Animal Welfare Act 1992 15A Transport of dogs (1) A person commits an offence if— (a) the person carries a dog in or on a moving vehicle on a road or road related area; and (b) the dog is not being used to work livestock; and © the dog is not restrained or enclosed in a way that would prevent the dog from falling or jumping from the vehicle. Maximum penalty: 20 penalty units. (2) An offence against this section is a strict liability offence. (3) In this section: road—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary road-related area—see the Road Transport (Safety and Traffic Management) Act 1999, dictionary. http://www.legislation.act.gov.au/a/1992-4...pdf/1992-45.pdf A penalty unit is $110 Link to comment Share on other sites More sharing options...
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