Road Rules for Dogs in Cars Australia. Are You Risking a Fine?
Australia is a nation of dog lovers with an estimated 20 dogs per 100 people throughout the country. Dog owners have to regularly transport their pooches by car to get to their favourite dog parks, beaches and grooming salons etc. Many people are not aware of the road rules for dogs in cars Australia which makes them at risk of a fine.
It is crucial to keep your dog safe while travelling on the road and subsequently many animal related laws have been enforced throughout Australia. Each state has their own specific set of rules and laws in relation to animal welfare and safety in cars.
After researching the road rules surrounding animals from each state in Australia, it seems that they all surround having adequate control over your vehicle and adequate vision. The most common rules and regulations are:
- It is illegal to have an animal in your lap while you drive.
- It is illegal to ride a motorcycle with an animal between the handlebars and the driver.
- It is illegal to lead an animal from a vehicle while it is moving.
- It is illegal to carry an animal on the back of a vehicle unrestrained
Despite the fact that Australia has had seatbelt laws since 1964 which has resulted in the decline in road deaths, there are no laws surrounding animals being restrained inside vehicles yet. As a dog is considered an important part of the family in most households, a dog should have a harness and seat belt just like any other passenger for obvious reasons.
In this article I cover each state’s specific rules, demerit points and fines as of October 2019 that I could find. Some information is missing and is indicated by a – in a table column.
For updated information I recommend that you check:
- Your state’s road traffic authority road rules
- Your state government’s department that is responsible for animal welfare laws
- RSPCA (Royal Society for the Prevention of Cruelty to Animals)
Definitions:
- Penalty unit: a rate used to calculate monetary penalty for an offence. They vary from state to state in Australia. To determine the amount of a fine, you need to multiply the penalty units by the set rate.
Disclaimer: This is a guide as of October 2019 and is subject to change. This is only a guide. Please check the relevant government websites for updated road rules and regulations surrounding travelling with animals.
Table of Contents
New South Wales
New South Wales has the worst penalties compared to all the other states for breaking road rules surrounding animals. Fines range from $457 to $5500 depending on the location and time you break the rule e.g. school zones etc. There are no rules about dog restraint inside a vehicle however the NSW Road & Maritime Services suggest that animals should be seated or housed in appropriate areas in your car.
Rules:
- A driver must not drive with an animal in their lap.
- A motorcycle rider must not ride with an animal between the handlebars and the rider.
- A driver, motorcycle rider, bicycle rider or passenger must not lead an animal, including by tethering, while the vehicle is moving.
- 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.
Penalty Unit Rate:
Currently in NSW one penalty unit = $110
Overview
| Offence | Penalty | Demerit Points | Law |
| View & Control –Drive a motor vehicle with an animal in lap | On the spot fine: $457 Max: 20 penalty units = $2200 | 3 demerit points | Road Rules 2014 Rule 297 (1A) |
| View & Control –Drive a motor vehicle with an animal in lap (school zone) | On the spot fine:: $572 Max: 20 penalty units = $2200 | 4 demerit points | Road Rules 2014 Rule 297 (1A) |
| View & Control – Ride with animal between rider and handlebars | On the spot fine:: $457 Max: 20 penalty units = $2200 | 3 demerit points | Road Rules 2014 Rule 297 (3) |
| View & Control – Ride with animal between rider and handlebars (school zone) | On the spot fine:: $572 Max: 20 penalty units = $2200 | 4 demerit points | Road Rules 2014 Rule 297 (3) |
| Cruelty To Animals – 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. | On the spot fine: $500 Max 50 penalty units = $5500 and/or imprisonment for 6 months | – | Prevention of Cruelty To Animals 1979 – Section 7 (2A) |
Relevant Websites:
- Roads & Maritime Services NSW – Animals & Vehicles
- Roads & Maritime Services NSW – Search Demerit Point Offences
- Prevention of Cruelty to Animals Act 1979
“It is just such an incredibly dangerous thing to do, to have a dog unrestrained on the back of a vehicle. You cannot transport an animal in any way that inflicts pain.”
NSW Police Spokeswoman from an article in the Sydney Morning Herald
Victoria
Rules
- A driver must have proper control of a vehicle.
- It is illegal to drive with an animal on your lap
- It is illegal to lead an animal while driving a vehicle
- It is illegal to ride a motorbike with an animal between you and the handlebars
- It is illegal to put dogs in the boot of a sedan type car
Penalty Unit Rate
Currently the Victoria penalty unit is $165.22
Overview
| Offence | Penalty | Demerit Points | Law |
| Road safety rules Driver is not allowed to drive with a dog on their lap | 5 penalty units Max fine: $826.10 | 0 demerit points | 297 (1a) |
| Road safety rules Leading an animal while driving a vehicle | 5 penalty units Max fine: $826.10 | 0 dete | 301 |
| Road safety rules –An animal between you and the handlebars of motorbike | 5 penalty units Max fine: $826.10 | – | 271 |
| Prevention of Cruelty To Animals – It is illegal to put dogs in the boot of a sedan type car. | 5 penalty units Max fine: $826.10 | – | Prevention of Cruelty to Animals Regulations 2008 Part 2 protection of animals |
| Prevention of Cruelty To Animals – Failure to secure a dog on the tray of a motor vehicle or a trailer attached to a motor vehicle | 2 penalty units Max fine:$330,44 | – | Prevention of Cruelty to Animals Regulations 2008 Section 15A(2) Schedule 6—Infringement penalties |
Relevant Websites:
- Vic Roads – Animals
- Vic Roads – Demerit Point Offences
- Victoria State Government – Dogs on Moving Vehicles
Queensland
Rules
- A driver must not drive with an animal in their lap.
- If an animal is carried in the tray of a ute or trailer it is classed as a load and must be safely restrained
- The driver or a passenger of a vehicle must not lead an animal from the vehicle, including tying the animal to the vehicle.
Penalty Unit Rate:
The current Queensland penalty unit rate is $133.45
Overview
| Offence | Penalty | Demerit Points | Law |
| Drive with an animal in your lap | $284 fine | – | 297 (1A) |
| Failing to restrain an animal carried in the tray of a ute or in a trailer | $243 fine | – | – |
| Leading an animal from a vehicle | – | – | – |
Relevant Websites:
- Queensland Government – Other Common Road Rules: Driving With Animals
- Queensland Government – Sharing the Road with Animals
Western Australia
Rules
- A driver shall not drive a motor vehicle if a person or an animal is in the driver’s lap.
- The rider of a motorcycle shall not ride with an animal in a position that interferes with the rider’s ability or view.
- A driver must secure loads. Animals are considered loads.
Penalty Unit Rate
Western Australia has different penalty units depending on the type of offence. A road offence is between $50 and $110.
Overview
| Offence | Penalty | Demerit Points | Law |
| A driver shall not drive a motor vehicle if a person or an animal is in the driver’s lap. | $100 fine | 1 | Road Traffic Code section 263(3) |
| The rider of a motorcycle shall not ride with an animal in a position that interferes with the rider’s ability or view. | $100 fine | 1 | – |
| Insecure Load – where a load (animal) is unrestrained and likely to fall, or failure to secure | $150 fine | – | – |
Relevant Websites
South Australia
Rules
- A driver must not drive with an animal on their lap and the driver must have a clear unobstructed view of the road, and traffic ahead, behind and to each side of the driver.
- A driver and/or passenger(s) can not lead an animal while the vehicle is being driven
- A driver must not transport a dog on an open tray of a vehicle unless the dog is enclosed or restrained in a way that prevents the dog from falling or escaping from the vehicle
Penalty Unit Rate
South Australia does not have Penalty Unit Rates so fines are set in dollars instead.
Overview
| Offence | Penalty | Demerit Points | Law |
| Driving with animal on lap | $176 fine | 0 | Road Traffic Act 1961 – Section 297 |
| Transporting dog on open tray od vehicle unrestrained or not enclosed. | – | – | Dog and Cat Management Act 1995 – Section 45 |
| Leading an animal while the vehicle is being driven | – | – | – |
Relevant Websites
Australian Capital Territory
Rules
- A person must not drive a vehicle if a person or an animal is in the driver’s lap
- The rider of a motorbike must not ride with an animal on the motorbike between the rider and the handlebars, or in another position that interferes with the rider’s ability to control the motorbike or to have a clear view of the road.
- The driver of a motor vehicle must not lead an animal, including by tethering the animal to the motor vehicle.
Penalty Unit Rate
Currently one penalty unit is $160 in the ACT.
| Offence | Penalty | Demerit Points | Law |
| Leading or tethering an animal to a motor vehicle | Max: 20 penalty units. | – | Road Transport (Road Rules)Regulation 2017 Section 301 |
| Driving with animal in lap | Max: 20 penalty units. | – | Road Transport (Road Rules)Regulation 2017 Section 297(1A) |
| Riding with animal between motorbike handles | Max: 20 penalty units. | – | Road Transport (Road Rules)Regulation 2017Section 301 |
Relevant Websites
Northern Territory
Rules
- Driver to have proper control of a vehicle. A driver must not drive with an animal on their lap and must have a clear unobstructed view of the road, and traffic ahead, behind and to each side.
- A person can not transport a dog on a vehicle unless the dog is restrained or enclosed in a way that prevents the dog falling from the vehicle
Penalty Unit Rate
Currently one penalty unit is equal to $155.00.
| Offence | Penalty | Demerit Points | Law |
| View & Control – Driving with animal on lap | Max = 20 penalty units and/or 6 months imprisonment | – | Schedule 3 of the Traffic Regulations (NT) enacts section 297 of the Australian Road Rules |
| Not restraining or enclosing dog on a vehicle in a way that prevents the dog falling | Animal Welfare Act – Section 14 |
Relevant Websites
Tasmania
Rules
- Drive with a person or animal in the driver’s lap.
- Dogs travelling on utilities requires a person in charge of a dog in or on a vehicle to restrict the dog sufficiently to prevent the dog from leaving the vehicle.
- Ride motorbike with animal on motorbike that interferes with riders control or prevents clear view of the road.
Penalty Unit Rate
Currently one penalty unit is equal to $168 in Tasmania.
| Offence | Penalty | Demerit Points | Law |
| View & Control – Drive with an animal in the driver’s lap. | $168 | 1 | RR297(1A) |
| View & Control – Ride motorbike with animal on motorbike that interferes with riders control or prevents clear view of the road. | $168 | 1 | RR297(3) |
| Failure to restrict dog sufficiently to prevent the dog from leaving the vehicle. | – | – | Dog Control Act 2000Section 16(3) |
Relevant Websites
How to Keep Your Dog Safe in a Car
“Pet transport containers or carriers, if appropriately secured within the car, may reduce the likelihood of the animal distracting the driver and may prevent the animal from jumping around inside the vehicle or jumping out of the car”
NSW Police Spokeswoman in the Sydney Morning Herald
Lots of dogs are injured each year when travelling in cars because they are not properly restrained. A dog can distract the driver and cause an accident, jump out of the car through a window or be struck by tree branches if the travel in the back of a ute. There are many ways you can keep your dog safe by using a:
- Dog Harness Seat Belt
- Travel Crate. If you want to find out more information about sizing dog travel crates you can read this article here.
- Dog Boot Barrier
- Back Seat Hammock
- Dog Booster Seat
- Back Seat Barrier
- Ute Cage
- Zipline Harness
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