Common driving behaviour can come with hefty fines and potential jail time
One very Aussie act that many of us would come across almost every day is actually against the law and could result in heavy fines and even jail time.
Aussies are being warned about a common act that can result in hefty driving fines and even jail time.
Farmers often let dogs jump in and out of the back of utes while working with livestock; however, it’s also becoming a familiar sight to see dogs on the back of utes while travelling on the highway or motorway.
Experts warn that letting an animal on the back of a ute and open vehicle differs from state to state and territory to territory, and in some parts of Australia, you aren’t permitted to have a dog in the tray if temperatures exceed a certain degree.
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Joanna Maddison, founder of SKYEPETS, said “ letting your dog ride unsecured in the back of a ute can violate animal welfare laws; however, this offence is deemed much more serious and some states recognise it as potentially animal cruelty.”
In all states and territories across Australia, drivers may transport their dogs in the open back of a ute as long as they secure their companion animal in such a way as to prevent them from falling from the vehicle.
However, it is illegal for a dog to be unrestrained in the tray of a ute.
The RSPCA enforces welfare laws that carry tough penalties, with one state setting the bar at up to $43,000 fines or imprisonment.
“RSPCA urges pet carers to restrain their dog in the cabin of their vehicle, as they will be better protected from wind, dust, and extreme weather conditions, and will be generally safer in the case of an accident,” a RSPCA NSW spokesperson said.
“Although current legislation mandates neither a specific restraining method nor protecting your dog against dust, heat, wind, and other weather conditions, RSPCA NSW greatly urges animal guardians to take the time to ensure their dog is comfortable and safe if being transported in the back of a ute.”
Here’s the rundown.
New South Wales
In NSW, the Prevention of Cruelty to Animals Act 1979 states, “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.”
If caught breaking the law, fines are up to $5500 and/or six months imprisonment.
Victoria
The Prevention of Cruelty to Animals Act 1986, section 15A states it is an offence to transport a dog in or on a tray or trailer unless the dog is secured so it cannot fall off/out, move off, or be injured by movement of the vehicle/trailer.
The rule exempts dogs being used to assist in the movement of livestock.
Penalties up to $2,035 may apply.
A driver can be fined up to $2,884 if there is not proper insulating material that protects a dog from high temperatures.
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When the outside temperature exceeds 28°C, a driver must not secure a dog on a metal vehicle tray unless the dog has access to an area with insulating material to protect it from the hot surface.
Queensland
A dog must be secured on a vehicle tray or trailer to prevent it from falling off/out, moving off, or being injured by the movement of the vehicle or trailer, according to the Animal Care and Protection Act 2001, section 33.
Dogs being transported to assist in the movement of livestock are exempted.
If caught doing the wrong thing, the Animal Care and Protection Act allow penalties to go as high as $43,000 and/or a year behind bars.
South Australia
According to the Dog and Cat Management Act 1995, section 45(1), a person must not transport a dog in the open tray of a utility, truck or similar vehicle unless the dog is enclosed or restrained so it cannot fall or escape.
The maximum penalty is $1,250 and the on-the-spot fine commonly published by councils is $210.
Western Australia
Section 6.2 of the Standards and Guidelines for the Health and Welfare of Dogs in Western Australia (2020) states that when a dog is transported in the open back of a moving vehicle on a road, it must be secured appropriately. This means the dog should be placed in a enclosed transport crate that’s fixed to the vehicle or restrained by a tether that allows it to stand and lie down, while preventing it from jumping off.
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It is important to note that tethers must not be attached to choke chains or similar devices.
While the Standards and Guidelines set out the transport requirements, enforcement occurs under the Animal Welfare Act 2002.
Cruelty offences under section 19 carry significant penalties, including fines up to $50,000 and/or imprisonment for up to 5 years, with a mandatory minimum fine of $2,000 depending on the circumstances.
Northern Territory
The Northern Territory is equally strict, under the Animal Protection Act, it’s a specific offence, carrying punishments of up to $15,000 or 12 months in prison.
Section 34 of the Animal Protection Act 2018 (NT) states it is an offence (strict liability) to have an unsecured dog riding outside the passenger compartment (on the tray or attached trailer) of a moving vehicle on a public street. The dog must be secured so it cannot be injured by the movement of the vehicle or trailer.
Tasmania
Dog Control Act 2000, section 16(3) states “the owner or person in charge of a dog must restrict the dog sufficiently while it is in or on a vehicle so that it is unable to leave the vehicle or attack any person or animal outside the vehicle.”
Penalties can reach up to $1,025 fines.
Originally published as Common driving behaviour can come with hefty fines and potential jail time
