One of the many concerns of people is whether driving with their furry friends is illegal. It is not illegal to drive with a dog in your car. However, there are many different laws that govern this. These laws vary between states and territories.
What do the laws say?
New South Wales
In New South Wales, rules surrounding travelling with a dog fall under the Prevention of Cruelty to Animals 1979 (NSW). This Act states that you should not drive with an animal if it is possible to cause some type of pain to the animal. Failing to comply will result in a fine of up to 50 penalty units or 6 months jail or both. Furthermore, according to the Roads and Maritime Services, a driver cannot drive if there is an animal in their lap.
Australian Capital Territory
In the ACT, you are able to drive with a dog in your car. However, according to the Animal Welfare Act 1992 (ACT), there are certain requirements when driving with a dog. Under section 15A, it is considered a punishable offence if you are driving with a dog that is not restraint in an adequate manner. Also, it is punishable if the dog is not restrained to prevent it from being able to move around or sustain injury. The maximum penalty for failing to prevent injury and restrain your dog is 20 penalty units.
Queensland
Queensland’s legislation does not explicitly state anything regarding driving with dogs in your car. Under the Transport Operations (Road Use Management – Road Rules) Regulation 2009 (QLD), a driver cannot drive with an animal in their lap. Additionally, failure to comply with this rule is punishable by up to 20 penalty units. According to the Transport Operations (Road Use Management – Vehicle Standards and Safety) Regulation 2010 (QLD), if your dog is not restrained at the back of your ute, this is considered to be an “unsecured load”. Consequently, failing to secure your load is punishable with a penalty for up to 20 penalty units.
South Australia
The Drivers Handbook of South Australia makes it illegal for a dog to be on a driver’s lap while driving. We can also refer to the Australian Road Rules which state the same thing as the drivers handbook.
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Northern Territory
According to the Traffic Regulations 1999 (NT), the Australian Road Rules are applicable to those in the Northern Territory. Section 297 of the Australian Road Rules is applicable whereby a driver must not be driving if they do not have “proper control”. Furthermore, there is a “minimum level of care” that is expected when handling an animal according to the Animal Welfare Act 1999 (NT). This means making sure they are restrained adequately without causing any harm or injury. Failure to comply can result in a penalty of 150 penalty units or jail for up to 18 months.
Tasmania
The Dog Control Act 2000 (TAS) makes it a driver’s responsibility to ensure that a dog is not able to move around. Failure to comply with this requirement can result in a fine of up to 5 penalty units. The Animal Welfare Act 1993 (TAS) requires taking “reasonable” measures to make sure that the “welfare” of an animal is taken. Adequately restraining your dog in your can be an example of a reasonable measure.
Victoria
It is not illegal to drive with a dog in your car in Victoria. However, like every other state and territory there are some rules about this. Under the Prevention of Cruelty to Animals Regulations 2019 (VIC), there are some requirements for carrying animals. Placing an animal in the boot of a sedan car is not allowed. This is punishable with a penalty of 15 penalty units. Additionally, if the temperature outside is 28 degrees or above, a dog is not allowed to be placed on a metal tray or trailer . In addition, the only exception is if there is adequate material to stop contact between the dog and the metal. Additionally, this is a punishable with a penalty of 15 penalty units as well.
Western Australia
Western Australia’s Animal Welfare Act 2002 (WA) provides general information about “cruelty to animals”. One of these actions includes the transportation of an animal in a manner that would cause or has caused “unnecessary harm”. This is punishable with a minimum penalty of $2000 or a maximum penalty of $50,000 with 5 years jail time.
Read our guide for driving tips to help prevent an accident.
Concluding thoughts
Overall, each state and territory has banned the allowance of an animal on the drivers lap while driving. Whilst it is not illegal to drive with a dog in your car, there are certain measures that must be taken. This is to ensure everyone’s safety, including other drivers. Although many of the laws do not specifically require a dog to be restrained, causing them unnecessary harm is a punishable offence. That is why it is important to restrain your furry friends properly to reduce the likelihood of harm.
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