What does the law say about driving with dogs in a vehicle in Australia?
(Image GETTY) A dog that’s unrestrained in a vehicle is a danger to himself and passengers - during a collision, your dog becomes a heavy projectile that smashes into passengers, or he is killed by a deploying airbag.
This is not legal advice.
We all know that driving and texting are dangerous, and against the law. We also know that children have to be restrained in proper seats designed for the child. And of course, wearing seatbelts has been mandatory since 1971. These laws save lives.
Many know that restraining a dog, like we restrain ourselves and children, is the safe and sensible thing to do for our dogs and passengers. But what does the law say about driving with a dog in a vehicle?
A dog must not be on the driver’s lap
A dog must not cause the driver to drive carelessly
A dog on the back of a ute or trailer must be appropriately tethered or caged
Driving in Australia is regulated in individual states and territories by Acts and Road Rules.
In Victoria, for example, the Road Safety Act 1986 is the key legislation, in South Australia it’s the Road Traffic Act 1961, and in Queensland the Transport Operations (Road Use Management) Act 1995.
In addition, each state and territory has a set of Road Rules. The state or territory Rules closely reflect the Australian Road Rules which are intended to provide nationally consistent road rules.
The Road Rules give more detailed information about the rules of driving, like giving way, and what to do at traffic lights. While the Acts change little over time, the Rules are reviewed to respond to changing needs. The most familiar change is probably the rules about using mobile phones.
What are the offences in Australia?
While each state and territory has its own Act, and each is different, they are broadly similar in the offences they set out.
Careless driving
Australian state and territory Acts provide for offences for careless driving. Depending on the Act, careless driving may be described as driving a vehicle without due care or attention or without reasonable consideration for other persons using the road.
If a car travelling at 60km/h hits an object, anything unrestrained - including your dog if it’s not restrained - keeps travelling at 60km/h until it hits something – the dashboard, a passenger’s head, or the windscreen
For example:
45—Careless driving
(1) (2)
A person must not drive a vehicle without due care or attention or without reasonable consideration for other persons using the road
The Road Rules state:
297 Driver to have proper control of a vehicle etc
(1) A driver must not drive a vehicle unless the driver has proper control of the vehicle. Offence provision.
Examples of careless driving
Careless driving could be
not looking properly when manoeuvring
stopping at a traffic light after the lights have turned green
driving too fast for the conditions
swerving into another lane
tailgating
overtaking on the inside
running a red light
driving while distracted
sudden breaking
Of course, any of those could easily happen if a dog is distracting the driver or interfering with the safe operation of the vehicle, and penalties can be fines, demerits, disqualification or even prison depending on the severity of the case.
Although the Acts and Road Rules are silent on restraining a dog in a vehicle, one rule specifically states where a dog must not be:
297 Driver to have proper control of a vehicle etc
(1A) A driver must not drive a vehicle if a person or an animal is in the driver’s lap. Offence provision.
Endangering or injuring an animal
Other state or territory legislation may also restrict how a dog is carried.
For example, the Prevention of Cruelty to Animals Act 1986 (Vic) and the Prevention of Cruelty to Animals Act 1979 (NSW) make it illegal to put dogs in the boot of a sedan-type car, and if on the back of a ute or trailer they must be appropriately tethered or caged.
If an animal is injured because it was unrestrained, owners face up to six months’ jail and fines of up to $5,500. Carrying dogs untethered on the backs of utes can land drivers with fines of $500.
The AllSafe Harness
What you can do be safer and to avoid breaking the law
Restrain your dog on the rear seat with a harness, or in the boot area behind a barrier or in a crate
Train your dog to be a ‘good passenger’ – start with frequent, short car trips that are not always associated with walks; they make the car journey banal and so are less likely to be noisy and disruptive to the driver
As a passenger, speak up and encourage others to be safe.
The Variocage is crash-tested and works with your vehicle’s safety system to protect your dog and passengers in a collision.