Dog Car Restraints

[Steve]

Anyone help me with what - if any - laws there are pertaining to restraining a dog in a car ?

If not can you give me an idea on where I should go and who I should speak to in order to find out?

Julie

[tommygirl]

From what I have heard here in Qld, its the same penalty as a seatbelt fine with regards to cost and point demerit, but to get the right answer I would call Queensland Transport, or the equivalent for your state to confirm. I cant see any info on their website.

[Showpony]

From what I have heard here in Qld, its the same penalty as a seatbelt fine with regards to cost and point demerit, but to get the right answer I would call Queensland Transport, or the equivalent for your state to confirm. I cant see any info on their website.

Hi,

I have checked the NSWRTA site and the only rules I can find are about not driving with a dog in your lap........they do have a contact email where you can ask questions.......maybe try that. Cheers

[smooch]

I was pulled up by police for having Smooch on the front seat of the car, was told its a offense to have a unrestrained dog in the car. I explained that Smooch had his safety belt on so I was fine.

But when you look on the NSW RTA website I couldn't find anything about it.

But in saying that I wouldn't have a unrestrained dog in a car just too dangerous. JMO

Edit: to remind ones self that new car has air bags so no Smooch on the front seat, poor Smooch won't be happy about this.LOL

Edited May 24, 2011 by smooch

[missmoo]

Found this in a Dogs Life article

The wording appears to only apply to dogs on the back of moving vehicles i.e: utes, and not inside a vehicle

Laws around the land

The ACT

Dogs are required to be restrained on the back of a moving vehicle under the Animal Welfare Act 1992, said Lee-Anne Wahren, Policy Officer within Environment Planning and Legislation, who is responsible for reviewing all animal welfare policy in the ACT Government.

Ms Wahren said correspondence from the RSPCA regarding injuries to animals handed in to the society and a number of veterinarian reports initiated the amendment to the Act in 1999. The maximum fine for breaching the law is $2000.

Victoria

The Prevention of Cruelty to Animals Act 1986 requires dogs to be restrained on moving vehicles, said Dr Stephen Tate, Director of Bureau of Animal Welfare within the Vic Department of Primary Industries. The maximum fine for breaching the law is $500.

Mr Apostolidades, who has been RSPCA inspector for 23 years, said the number of dog injuries in Victoria has dropped dramatically since the legislation came into effect in 1995.

In Victoria, only police can stop a vehicle carrying an unrestrained dog but an RSPCA inspector can take the registration number and trace the owner or follow the vehicle until it stops and then question the owner. Mr Apostolidades said the RSPCA is now putting in a submission to amend the law to be able to issue a Personal Infringement Notice (PIN) to offending drivers, instead of the matter going straight to the Magistrate's Court. If drivers choose to contest the notice, the matter would then go to court, he said.

Queensland

Having an unrestrained dog on a moving vehicle could breach both the Transport Operations (Road Use Management -- Road Rules) Regulation 1999 and the Animal Care and Protection Act 2001.

The Transport Operations Regulation, administered by the Department of Transport, states it is an offence to have an unsecured load on the back of a vehicle and that applies to dogs, said Dr Rick Symons, Manager of the Animal Welfare Unit within the Qld Department of Primary Industries and Fisheries.

The Animal Care and Protection Act does not specifically mention dogs restrained on vehicles, but it places a duty of care on owners of animals to ensure the welfare needs of animals are met.

"It is an offence under the Act for a person in charge of an animal to breach this duty of care by transporting the animal in a way that is inappropriate for the animal's welfare," he said.

A breach of duty of care can result in a fine of $22,500 (and up to five times this amount for a corporation) or one year's imprisonment.

Northern Territory

The Animal Welfare Act 1999 states, "A person transporting an animal must do so in a manner that does not unreasonably or unnecessarily inflict suffering on the animal."

Peter Brice, the Animal Welfare Advisory Committee Executive Officer for NT, said the Act replaced the old Prevention of Cruelty to Animals Act and is primarily enforced by the RSPCA. Breaking the law will incur an on-the-spot fine of $100.

"Everybody in the Northern Territory has a ute," Mr Brice said. "They pop a couple of dogs on the back and go hunting on the weekends, but (the law) is widely publicised and it's accepted."

NSW

The Prevention of Cruelty to Animals Act 1979 requires a dog to be restrained on the back of a moving vehicle or enclosed in such a way as to prevent the dog falling from the vehicle.

The maximum penalty is $5500 or six months in jail, according to Dr Ian Lugton, Senior Veterinary Officer within the Animal Welfare Unit of the NSW Department of Primary Industries. Dr Lugton said by March he expects officers to have authorisation to track down offenders involved in motor vehicle offences by following up on the vehicle's registration details.

Western Australia

No legislation specifically requires dogs to be restrained on the back of moving vehicles, however the Animal Welfare Act 2002 states a person in charge of an animal is defined as being cruel to an animal "if the animal is transported in a way that causes, or is likely to cause, it unnecessary harm," said Vicky Nazer, Research and Administration Officer within the Animal Welfare Branch of the WA Department of Local Government and Regional Development.

"So in a case where the Act of transporting a dog on a ute was causing it, or likely to cause it, unnecessary harm, the person in charge of the animal could be charged with an offence of cruelty under the Act," Ms Nazer said.

The maximum penalty is $50,000 and imprisonment for five years.

South Australia

Transporting unrestrained dogs is against the law as provided in the Dog and Cat Management Act 1995. The Act was amended in 2004 to include the legislation.

Deb Kelly, Manager of the Animal Welfare Unit within the SA Department for Environment and Heritage, wrote the policy regarding the issue.

"The purpose of the restraint in utes is really three fold," Ms Kelly said. "First, there is a safety issue of the dog falling out of the ute and causing an accident for the car behind. Second, the safety of the dog itself, and third, to address the issue of a dog left in the back of a ute that bites people going past."

The maximum fine if breaking the law is $750.

TasmaniaThe Dog Control Act 2000 states, "The owner or person in charge of a dog must restrict the dog sufficiently while it is in or on a vehicle so that it is unable to leave the vehicle or attack any person or animal outside the vehicle."

RSPCA Tasmania Chief Inspector Graeme Lewis said only police officers could enforce the law. Breaking the law has a maximum fine of $500.

Since the law came into effect, driving with unrestrained dogs has "virtually stopped", Mr Lewis said.

[Tilly]

Found this document on the Transport website: http://www.tmr.qld.gov.au/~/media/a29dbb0c-740e-4df0-b0a3-18892c3033f5/pdf_road_rules_qanda_290909.pdf

Questions: How should I carry my animal in my vehicle?

So long as the animal is not in your lap (or sitting on the petrol tank of your motorcycle) and not affecting your control of the vehicle, there are no rules prohibiting how you should carry your animal. It is advised however, that you securely restrain your animal using either a restrain or house the animal in a suitable cage or container.

Edited May 24, 2011 by Tilly

[Danois]

There is no law that says you must restrain your dog in the car. There is only a road rule that says you must have proper control of the vehicle and this includes not allowing a dog to be on your lap when driving.

Arguably, an unrestrained dog in the front passenger seat could also do this - or one who could come between the seats.

It would be a very long draw of the bow to get someone for having a dog in the back of a vehicle like a wagon or 4WD.

There was a recent thread here on it. Here is a post of mine: http://www.dolforums.com.au/topic/180275-nsw-3-demerit-points-400-fine-for-unrestrained-dogs-in-cars/page__view__findpost__p__4072534

There is fines and demerit points attached.

This is NSW but they are the Aus Road Rules

Edited May 24, 2011 by Danois

[Panto]

Hi Steve,

City of Sydney council had a fairly informative page:

http://www.cityofsydney.nsw.gov.au/Community/Safety/RoadSafetyProgram/DogsTravellingInVehicles.asp

Rules and regulations – RTA and RSPCA

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.

[Keira&Phoenix]

From what I have heard in Queensland there is no law agaisnt having a dog inside a car unrestrained only agaisnt them distracting you or sitting on your lap etc.

The unrestrained loads rules apply to a ute or any vehocle with a tray on it and I believe it is illegal to have a dog in the back of a ute untethered.

[Poodle Mum]

I had a client in puppy classes who was pulled over by police as she stopped beside them at some traffic lights. Her puppy was unrestrained in the car with her.

They advised her of the law & that next time it would be $300 fine.

I now advise this in each new puppy class

[tommygirl]

Ok, so I rang Qld transport, cause I was curious if what I was told about the fine thing was actually true...I copied and pasted from their website the rules on animals in cars/bikes. Seems fine only applies if animal is actually on your lap, otherwise ok.

Carrying an animal

If you are carrying an animal in your vehicle or on your motorcycle, you must be in

control of the vehicle or motorcycle at all times.

Question: What is the new rule regarding carrying animals?

If you carry an animal on your lap while driving a car, or on the petrol tank of your

motorcycle, you risk being fined $233.

Question: Can I sit an animal on my lap while driving?

No, animals are unpredictable and distract drivers and riders. If a dog moves in the

vehicle, or becomes agitated in response to some outside influence, the driver risks

losing control of the vehicle or motorcycle.

Question: How should I carry my animal in my vehicle?

So long as the animal is not in your lap (or sitting on the petrol tank of your

motorcycle) and not affecting your control of the vehicle, there are no rules

prohibiting how you should carry your animal. It is advised however, that you

securely restrain your animal using either a restraint or house the animal in a suitable

cage or container.

Question: Can I carry my dog on the petrol tank of my motorcycle?

You must not allow an animal to ride or sit on your motorcycle petrol tank. However,

if a farmer needs to cross a road to travel to an adjoining private property, a farmer

may carry an animal on a motorcycle petrol tank for 500 metres only while traversing

the road.

Question: Can I carry a dog or another animal in another place on my

motorcycle?

Yes, so long as the dog or animal is secure and the stability of the motorcycle is not

affected.

Page 4 of this document - http://www.tmr.qld.gov.au/~/media/a29dbb0c-740e-4df0-b0a3-18892c3033f5/pdf_road_rules_qanda_290909.pdf

[Everythings Shiny]

I spoke to my best friend who is in Highway patrol in the Hunter Valley

His exact words are:

Animals unrestrained either in the back of a car/ute or in the front are a projectile. For their own saftey and the safety of others in an accident. All animals should be restrained. By law - if they are not restrained, it can cost you demerit points and a large fine.

[tommygirl]

Seems its different in every state, so best to check with your states transport authority for where you stand.

[Danois]

I spoke to my best friend who is in Highway patrol in the Hunter Valley

By law - if they are not restrained, it can cost you demerit points and a large fine.

Don't always rely on cops to know the law properly!

There is NO law in NSW that says dogs must be restrained in a car.

If I was pulled over for having my dog unrestrained in the back of my 4WD I would contest the fine and the onus would be on the police to show that I was not in effective control of the car. I struggle to see how they would do that.

I called my 'friend' who used to to defend traffic matters in court.

Edited May 25, 2011 by Danois

[wagsalot]

Interesting. I thought I read something about 6 months back saying that all dogs had to be restrained in cars, and was under that opinion since.

I used to travel with Riley in the back of the 4wd, but recently I've started putting him on the back seat in a car safety harness. I just kept thinking how bad it would be if someone ran up the back of me and crushed him in the boot.

[Everythings Shiny]

AFAIK the law only came into effect last year. I'll double check with my friend tonight.

[Diva]

I know there is no law in the ACT that they be have to be restrained in a car. They have to be restrained on the back of a ute, they can't travel in the driver's lap and they can't interfere with the driver. But there is no law at all that says they have to be restrained other than that. Danois' take on it is entirely correct when it comes to this jurisdiction.

[Bartok]

I was pulled up by police for having Smooch on the front seat of the car, was told its a offense to have a unrestrained dog in the car. I explained that Smooch had his safety belt on so I was fine.

But when you look on the NSW RTA website I couldn't find anything about it.

But in saying that I wouldn't have a unrestrained dog in a car just too dangerous. JMO

Edit: to remind ones self that new car has air bags so no Smooch on the front seat, poor Smooch won't be happy about this.LOL

Check with the police as the RTA have different rules

They used to only advertise for human kids to be restrained until 12mths of age

but the police had different rules

[Andisa]

A friends client was fined last year for having 2 small dogs unrestrained in the car while she was driving. It cost her 3 demerit points and $500 for each dog. This was in the City of Casey, Vic.

[tlc]

Last year I got pulled up for breathalizer I had all the dogs in the back seat 2 unrestrained and 2 not (they are usually in the back of the wagon, with cargo barrier) and two of them had a little bark as the cop leaned down to give me the thing to breath into, while saying "gee how many dogs you got in there," I say "4" and the cop says "cute dogs, ok your right to go seeya" So not real sure about Vic but then again maybe the cops don't really know either?