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Is it illegal to leave a dog in the back of my ute?


Farmers are famous for letting their dogs jump in and out of the back of their utes, but that’s not practical if you’re not driving in a paddock.

  • You can have a dog in your tray or tub in some states
  • There are laws about the surface the dog is on and how it is restrained
  • You must leash your dog if they are in the back of your ute

So it makes sense that if you want to travel with your pet dog in the back of a ute you must ensure that the animal is restrained and in some parts of Australia you are not allowed to bring dogs into your tray or tank at all!

If you do it wrong and get caught for it, it’s not just a slap on the wrist, and that’s because the laws aren’t considered traffic rules – they fall under animal protection laws – meaning you can face fines in excess of $9000, and you could face up to six months in prison, depending on the jurisdiction.

Here is the summary:

NSW

The Prevention of Cruelty to Animals Act 1979 (section 7) states that “a person must not carry or transport a dog (other than a dog used for herding livestock), in behind a moving vehicle on a public road unless the dog is restrained or enclosed in a manner that prevents the dog from falling from the vehicle.

A fine of up to $5,500 and/or six months in prison applies.

ACT

Section 15A of the Animal Welfare Act 1992 – you cannot have a dog in or on a moving vehicle if the dog is not restrained or enclosed in a way that prevents the dog from jumping or falling.

Working dogs are exempt. Fines of up to $3,200 apply.

Victoria

The Prevention of Cruelty to Animals Act 1986 Section 15A states that to transport a dog in a tray vehicle (ute or chassis) or in a trailer, the dog must be securely secured to avoid “dropped”. get out or out of, or get out of or move away from the tray or cart (as the case may be); or injured by the movement of a motor vehicle or trailer.”

The rules do not apply to livestock dogs. Fines of up to $1923 may be imposed.

You also cannot tie your dog to the metal tray of a vehicle or trailer when the outside temperature is at or above 28°C without the dog having access to an area with insulation to protect them from the hot surface.

If you are caught driving around without providing your dog with this type of protection, you will be fined up to $2884.

Queensland

Not long ago, the state passed the Animal Care and Protection Amendment Bill, 2022, which, as in other states, allows unrestrained farm dogs.

However, it states: “A driver must not transport a dog on a vehicle tray or on a trailer unless the dog is secured in such a manner as to prevent it — (a) from falling off the tray or trailer; or (b) removed from the tray or cart; or (c) injury caused by the movement of the vehicle or trailer.”

If you do something wrong with your furry friend, the maximum penalty could be 60 units or a whopping fine of $9288.

NT

In the Northern Territory, the rules are stricter than in other parts of the country, although there is leniency for dogs working in packs.

Section 34 of the Animal Protection Act 2018 (NT) states: “A person commits an offense if: (a) the person transports a dog by motor vehicle or rickshaw on a public road; and persons transporting dogs by motor vehicle or trailer on public roads; and (b) the dog is not in the passenger compartment of the motor vehicle; and (c) the dog is not secured in a manner that prevents it from being injured by a fall from a motor vehicle or trailer.”

The maximum fine is 50 penalty units, equivalent to $8800.

South Australia

Under Section 45 of the Dogs and Cats Management Act 1995, a person must effectively secure a dog: “(i) by placing it in a cage, vehicle or other object or structure; or (ii) tie it to a fixed object with a chain, cord or chain not exceeding 2 meters in length”.

There are exceptions – guide dogs, livestock dogs and assistance dogs may fall outside these rules.

western Australia

Section 6.2 of the Western Australian Canine Health and Welfare Standards and Guidelines 2020 states that people driving with dogs must ensure that, if the dog is transported on the open roof of a moving vehicle, on the road, it must: (a) be provided with adequate shelter during inclement weather; and (b) is properly secured by restraining the dog in a transport crate secured to the vehicle; or (c) where he was tied with rope; (i) the length of the leash allows the dog to move, including standing and lying down, but does not allow the dog to jump or fall from the tray; and (ii) the lanyard must not be attached to a chain or other device that could tighten around the neck.

Furthermore, the act stipulates that dogs may not be transported in the trunk of a sedan and that the carrier must be escape-proof and have adequate room for the dog to sit and stand, and, if secured to the vehicle , so “safe in a location that provides adequate air flow and quality and minimizes exposure to exhaust fumes and dust.”

Tasmania

There do not appear to be any specific rules surrounding the requirements for tethering or securing dogs in the cabin or tray of a vehicle, however this is set out in the Control of Dogs Act 2000, Section 16 ( 3): “The owner or person in charge of the dog must restrain the dog in or on the vehicle so that it cannot leave the vehicle or attack any person or animal outside the vehicle.”

Penalties apply – fines of up to $905 apply.

Not intended as legal advice. Check with the relevant roads authority in your state or territory.

THAN: Is it legal to drive with your dog in the front seat in Australia?
THAN: Is it illegal to drive with a dog in your lap?

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