Driving with Dogs in Cars
6 minute read
Although travelling with dogs in Australia is a common consideration for Aussies, most of us are probably unaware of the risks associated with driving with a dog in a car.
According to RSPCA, approximately 5,000 dogs are killed or injured in a road accident each year due to improper restraining. Here we’ll explain the rules and regulations around driving with dogs in cars and how you can keep not only your dog safe, but yourself and others too.
Rules and regulations for dog car safety
It is illegal for a dog to sit on your lap
A dog moving around in a car can be extremely distracting for a driver who needs to be able to concentrate on the road. Such incidents have led to accidents resulting in serious injuries and even death for both the owner and animal.
The consistent rule for dog car safety in every state is that no dog is allowed to sit on your lap while you are driving. For example, in NSW dogs in cars are governed by The Roads and Maritime Services. This entity can authorise the police to fine and issue a loss in demerit points to drivers who break this law.
While the exact sanction may differ from state to state, it is generally accepted that:
An animal must not ride on a motorcycle between the handlebars and the motorcycle rider.
Dogs who travel in Utes need to be restrained by either a cage or a tether.
You must ensure that your dog is safe, secure and comfortable when travelling inside a vehicle or on a vehicle tray or trailer.
Not only will the police be able to penalise you for not following the laws, but the RSPCA has authority under the various state and territory-based prevention of cruelty to animals acts to issue hefty fines if an animal is injured due to being unrestrained. You could even face jail time.
State and territory-based laws
The most common questions we get are state and territory based. For example, we’re often asked if it’s illegal to leave a dog in a car in QLD, or what the fine is for an unrestrained dog in a car in NSW. We’ve answered the most common questions for each state below.
Rules for dogs in cars QLD
Dog restraints in cars laws in QLD falls under both the Transport Operations (Road Use Management – Road Rules) Regulation 1999 and the Animal Care and Protection Act 2001. There’s no specific duty to restrain a dog in a vehicle, but it places a duty of care on the owners of animals to transport the animal is a way that is appropriate for their welfare. The fine for an unrestrained dog in QLD is really about breaching this duty. But it can be up to $22,500 or one year in prison.
Can dogs sit in the front seat QLD?
Yes, dogs can sit on the front seat in QLD, but never on the driver’s lap.
Is it illegal to leave a dog in a car in QLD?
There is no specific rule about leaving a dog in a car in QLD. But it could be an offence under the Animal Care and Protection Act 2001. And leaving the windows down on an unattended vehicle is illegal under Queensland law.
Rules for dogs in cars NSW
Under the Prevention of Cruelty to Animals Act 1979, in NSW dogs must be restrained or enclosed in the back of a moving vehicle so there’s no risk they might fall from the vehicle. There is a fine for an unrestrained dog in a car in NSW. The maximum fine for breaching the law is $5500, but there could also be a six-month imprisonment as well.
Can dogs sit in the front seat NSW?
Drivers in NSW must maintain proper control of their vehicle. If a dog or other animal sitting on the front passenger seat of a car prevents that, the driver will be breaking this rule.
Is it illegal to leave a dog in a car in NSW?
No, but if your dog suffers because of being left in a car, you can be fined $5,500 and can spend six months in jail. If your dog dies, you could be fined $22,500 and spend two years in jail.
Rules for dogs in cars ACT
In the ACT dogs must be restrained on the back of a moving vehicle under the Animal Welfare Act of 1992. The maximum fine for breaching the law is $2000.
Can dogs sit in the front seat ACT?
Yes, if they do not impact the driver’s ability to drive the vehicle.
Is it illegal to leave dogs in a car in ACT?
It is not illegal to leave a dog in a car. But it is illegal to jeopardise its health, safety or welfare.
Rules for dogs in cars Victoria
In Victoria, dogs must be restrained in moving vehicles under the Prevention to Cruelty to Animals Act 1986. The maximum fine for breaching the law is $500.
Can dogs sit in the front seat Victoria?
This is not strictly prohibited, but if you drive with the dog on the driver’s lap you could face a fine of $277.
Is it illegal to leave a dog in a car in Victoria?
It is illegal to leave an animal unattended inside a car for more than 10 minutes when the outside temperature is at or above 28 degrees Celsius.
Rules for dogs in cars Tasmania
In Tasmania, under the Dog Control Act 2000, dogs must be ‘restricted sufficiently’ while in a vehicle so they aren’t able to leave the vehicle. Only the police can enforce this law and breaching it has a maximum fine of $500.
Can dogs sit in the front seat Tasmania?
It is not illegal to have a dog in the front seat of your car in Tasmania, unless it's sitting on your lap.
Is it illegal to leave dogs in a car in Tasmania?
No, however the law states, ‘A person with care or charge of a dog must not leave the dog unattended in a vehicle where there is a reasonable likelihood of the dog suffering from heat stress or cold stress.’
Rules for dogs in cars SA
In South Australia it is against the law to transport an unrestrained dog under the Dog and Cat Management Act 1995. The maximum fine for breaching the law is $750.
Can dogs sit in the front seat SA?
It is not illegal to have a dog in the front seat of your car in SA, but it is illegal to have it sitting on your lap.
In South Australia it is not illegal to leave your dog in your car, but it is illegal to cause them harm, and you may face fines or imprisonment if you do so.
Rules for dogs in cars WA
In WA there is no specific legislation requiring a dog to be restrained in a car. However, under the Animal Welfare Act 2022 you could be considered being ‘cruel’ to an animal if you transport them in a way that could cause them harm. That is generally interpreted as requiring dog restraints in cars.
The maximum penalty for breaching the law is $50,000 and imprisonment for five years.
Can dogs sit in the front seat WA?
Yes, there is no law in WA about dogs riding in the front passenger seat.
Is it illegal to leave dogs in a car in WA?
It is an offence to confine an animal anywhere, including in a vehicle, where it is likely to suffer, and that includes a car. If you do you could face prosecution in WA including a maximum penalty of $50,000- or five-years' imprisonment.
Rules for dogs in cars NT
The rules in the Northern Territory are slightly more flexible requiring only that ‘a person transporting an animal must do so in a manner that does not unreasonably or unnecessarily inflict suffering on the animal’. Breaching this law – which is set out under the Animal Welfare Act 1999, will incur a fine of $100.
Can dogs sit in the front seat NT?
It is not against the law to have your dog in the front seat in NT.
Is it illegal to leave dogs in a car in NT?
It is not illegal to leave a dog in a car in NT. But if your dog is left in a parked vehicle and it suffers injury or death you can be charged under the Animal Welfare Act and could face two years imprisonment.
How Should You Restrain Your Dog?
Ensuring your dog has been restrained correctly is key to ensuring less animals are injured in road accidents. It is important to restrain your dog correctly to ensure that drivers are not distracted by their dogs and cause road accidents.
Most pet stores have dog restraints for cars and even seat belts for dogs who travel in a motor vehicle. Depending on the size of your dog, you may either need a harness which attaches to the seat belt or a crate.
Despite it not being against the law to have your pet seated at the front, there is a significant risk for your dog obtaining a serious injury,being killed or causing a distraction which may lead to an accident. Therefore, it’s highly recommended that your pet is restrained at all times.
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While we try our best to follow all our road rules, it is hard to keep up with them all.
If you have been injured in a road accident and are unsure of what to do, Shine Lawyers are here to help. Get in motor vehicle accident lawyers for more information or you can find out if you’re eligible for a claim online here using our free online booking tool.
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