Dog Car Restraints

[Tilly]

This was the response I got from Qld Transport ...

Section 297 of the Queensland Road Rules provides that a driver must not drive a vehicle unless the driver has proper control of the vehicle and a driver must not drive a vehicle if a person or an animal is in the driver’s lap. This rule does not prohibit an animal from travelling unrestrained in a vehicle as long as the animal is not in the driver's lap.

The legislation administered by the Department of Transport and Main Roads does not specifically refer to the requirement to restrain an animal while travelling in a vehicle. Potentially, however, an animal could be considered a ‘load’. Section 292 of the Queensland Road Rules provides that a person driving a vehicle that is carrying a load must not do so if:

- the load is not properly secured to the vehicle, or

- the load is placed in a way that causes the vehicle to be unstable; or

- the load may potentially project from the vehicle in a way that is likely to injure a person, obstruct the path of other road users, or cause damage to anything.

While section 292 would apply to animals carried on the back of vehicles, such as a ute, it could also apply to animals carried inside the vehicle itself. If therefore, a driver is intending to transport an animal in a vehicle, the driver should be aware of the animal’s needs and ensure the animal is appropriately restrained, to ensure the safety of the vehicle’s occupants and the animal.

Restraints for dogs are widely available and include restraints that either attach to existing seatbelts or have buckles that clip directly into the seatbelt for when a dog is being transported in the passenger area of a vehicle. The Royal Society for the Prevention of Cruelty to Animals (RSPCA) advises people who travel with dogs in cars to use harnesses to keep the dog and other passengers safe.

You may also be interested to know of the Animal Care and Protection Act 2001, which is administered by the Department of Primary Industries. Section 18 of this Act makes it an offence to transport an animal in a way that is inappropriate for the animal’s welfare, or in an unsuitable container or vehicle. If you require further information on this provision, you may wish to contact the Department of Primary Industries.

[Teebs]

I know about 10 people who have been warned or fined who come into work and told me. I also went looking a while ago and couldnt find any laws on it

[Showpony]

This is the answer sent to me by the RTA NSW:-

Thank you for your email.

The Prevention of Cruelty to Animals Act Rule 7, states that 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.

Dogs should not ride unrestrained in either the front or back seats of any vehicle as the

police may fine you if they deem that you do not have proper control of the vehicle due to

the animal interfering with your control. Specially designed animal boxes and harnesses are

available and should be used. A pet harness can be attached to the vehicle's seat belt

allowing the dog to sit or lie on the seat. These harness and boxes can be purchased in a

variety or sizes from the RSPCA or from pet supply stores.

It is stated in legislation that a driver must not drive with a person or animal in the

driver's lap. This is Road Rule 297 (1A) Drive motor vehicle with person or animal in

lap.

Dogs riding on the back of an open vehicle must be restrained or enclosed in such a way that

they cannot fall off. If tethered, this should be to a short chain attached by a swivel to

a central anchor point on the floor behind the cabin. The other end of the chain should be

attached to the dog's collar by another swivel to prevent tangling.

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.

To view the complete road rule please click on the below link to find Road Rule 297 which

relates to your enquiry:

http://www.legislation.nsw.gov.au/viewtop/inforce/subordleg+179+2008+fn+0+N

Regards

Amanda

[smooch]

In the current NRMA mag there is in the (helping you) section where some one is asking if a dog can be placed in a boat that is being towed, if so if it has to be in a cage or can it be tied up like in a ute.

It states - There is no specific rule prohibiting an animal being transported in a boat but legislation under the Prevention of Cruelty to Animals Act prevents animals being transported "in a manner which unreasonably, unnecessarily or unjustifiably inflects pain upon the animal". It also says 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" . What this basically means is, so long as the dog is not able to fall out of the vehicle there are no rules prohibiting where the dog is placed.

I typed this from the help section as I couldn't work out how to copy and paste it from the on line mag.

Edited May 30, 2011 by smooch

[Mrs Rusty Bucket]

The Australian Road Rules specifically prohibit having a dog in your lap. They also prohibit attaching an animal to a vehicle including being held by a passenger or driver (people used to exercise horses and dogs this way).

I think the Australian Road rules and the prevention of cruelty to animals require that dogs on backs of utes should be secured so they cannot fall out or have any part of their body suspended over the side, ie if they can stick their heads over the side, they can probably get their back end over the side and be hung by the neck.

But as far as I can tell there is nothing to say a dog needs to be restrained inside the cab of the car. But police can do you for negligant driving ie not paying full attention to driving. They can do the same if you're eating, drinking, smoking or playing with an electronic device in the car. Ironically they don't book people for having distracting kids in the back of the car - though they must all be "restrained" ie in seatbelts etc. Sadly natural selection gets a few of these drivers who are distracted by their children.

I know that NSW police are now expecting dogs to be strapped in, when inside the cab of the car, and may be fining people for "negligant driving". I would love to know what breach gets put on the actual ticket.

Drivers in SA are being fined for having dog in their lap. Which is the law here, ie all states are required to enact the Australian Road rules to get Federal funding for road building and maintenance.

Personally while I was a bit slack about strapping my dog in, especially if the speed limit was 60km/h or less on my planned trip, I've decided if I feel unsafe without a seatbelt, I should feel the same about my dog. And I shortened up the restraint strap too.

This explains Negligant driving - ie it's entirely up to the policeman to decide.

http://www.primelaw.com.au/Service-199-Negligent_Driving_Charges.aspx

This one explains "inattentive driving" ie negligent driving is also known as "inattentive driving"

http://www.dtei.sa.gov.au/roadsafety/Safer_behaviours/inattention

So if the policeman thinks your dog can or has distracted you from your task of driving, they can give you a ticket.

[Quickasyoucan]

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.

I had a cop pull me up for a breath test recently and she said to me after what a nice dog and he's even got his seatbelt on that's so cute (he was in a harness). I thought it was the law and said so to her, she looked bemused (and probably thought what a smart ar#se driver )

[Pudel]

I dont know of any law in Victoria as far as unrestrained dogs in cars. Definitley on utes. My OH is an inspector under the cruelty to animals act, and he has not told me we need to restrain the dog in the car.

[Danois]

IMO You would not get a ticket for negligent driving for having a dog unrestrained in the car.

Neg Driving is the offence created by section 42 of the Road Transport (Safety and Management) Act 1999 in NSW. The police would have to prove (beyond reasonable doubt) you drove a vehicle in a manner which was a departure from the standard of care that an ordinary prudent driver would exercise in the circumstances. This is the 'test'which was set out in Simpson's case from 1952.

I highly doubt the police would go down this path and instead you would receive a ticket for breach of the relevant Road Rule.

Other than that, my opinion is that the RSPCA's advice is, legally, incorrect.

I think that if you got a ticket for having a dog in the back of the car it would be easily open to challenge in the courts.

[yarracully]

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.

I think you will find that the above pertains to the practice of dogs in the back of utes. Hence the referral to "On the vehicle"

ETA I will agree with the no dogs on lap while driving bit. There is nothing worse than trying to avoid an accident while "fluffy" is sitting on your lap restricting your range of movement.

Edited May 30, 2011 by yarracully

[yarracully]

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

This is impossible. The Police do not make any laws they only enforce them. The RTA is the body responsible for formulating laws for the politicians to pass.

While certain members of the police might like to think they can make their own laws, the system prevents this. In order to provide accountability the pollies make the laws, the police enforce the laws, the courts (where necessary) issue the penalty.

As such the police do not make the laws same as the judges do not go out and catch criminals.