Don’t go barking up the wrong tree

FOR IMMEDIATE RELEASE
(Free-Press-Release.com) January 12, 2012 -- We can proudly call Australia a country of dog lovers, with dogs making up almost half of all pets . Aussie dog-owners are increasingly including their pets in their fast-paced lives, often taking them as their happy companions everywhere in the car. The problem is that many people are not restraining them properly and unbeknownst to many dog-owners, this could land them in hot water with the law.

“Being one of those dog owners, we noticed at HomeSource that there is some confusion about whether the laws now require you to ‘restrain’ your dog when in the car,” says Pia Vogel, HomeSource Joint Managing Director.

“To help clarify this issue, we have researched laws in all the Australian states relating to dog safety procedures in cars” said Ms Vogel.

“And now we are in a position to share this information with pet owners Australia-wide,” added Ms Vogel.

Below is a summary of the relevant laws in each state:

The ACT

Dogs are required to be restrained in the back of a moving vehicle under the Animal Welfare Act said Lee-Anne Wahren, Policy Officer within Environment Planning and Legislation, who is responsible for reviewing all animal welfare policies by the ACT Government . The maximum fine for breaching the law is $2000.

Victoria
In Victoria, only police can stop a vehicle carrying an unrestrained dog, although an RSPCA inspector can take the registration number and trace the owner or follow the vehicle until it stops and can then question the owner. The maximum fine for breaching the law is $500.

Queensland
The Animal Care and Protection Act does not specifically mention dogs restrained in vehicles, although it places a duty of care on owners of animals to ensure the welfare needs of animals are met.

Northern Territory

The Animal Welfare Act 1999 states, "A person transporting an animal must do so in a manner that does not unreasonably or unnecessarily inflict suffering on the animal" .
Breaking the law will incur an on-the-spot fine of $100.

NSW
The Prevention of Cruelty to Animals Act requires a dog to be restrained on the back of a moving vehicle or enclosed in such a way as to prevent the dog falling from the vehicle.
A maximum fine of $5,500 or 6 months jail sentence is issued if the dog is injured as a result of being unrestrained in an accident.

The RTA road user's handbook states says that: ‘A driver, motorcycle rider, bicycle rider or passenger must not lead an animal, including by tethering, while the vehicle is moving. Animals should be seated or housed in appropriate areas and a driver must not drive with an animal in their lap.’

Western Australia
No legislation specifically requires dogs to be restrained on the back of moving vehicles, however the Animal Welfare Act 2002 states a person in charge of an animal is defined as being cruel to an animal “if the animal is transported in a way that causes, or is likely to cause, it unnecessary harm" . The maximum penalty is $50,000 and imprisonment for five years.

South Australia

Transporting unrestrained dogs is against the law as stipulated in the Dog and Cat Management Act 1995. The Act was amended in 2004 to include legislation which states that the maximum fine for breaking the law is $750.

Tasmania
The Dog Control Act 2000 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”. RSPCA Tasmanian Chief Inspector Graeme Lewis said, “Only police officers could enforce the law”. Breaking the law has a maximum fine of $500.

If you read laws carefully you will see that most penalties are dealt for cruelty and unsafety which can be a result of animal damage or even death. Although, where is this edge? What can be defined as animal cruelty is controversial and can be discussed again and again.

The RSPCA advises that the best way to find out the laws as they apply in your state is to consult your Road Traffic Authority website to find out about the road rules involving animals in your specific state/territory.

Ms Vogel says that from the entire research one thing is clear: “Apart from regulations enforcing restraint for your dog buddies, bear in mind that restraining a dog in the car may provide several safety benefits both to the dog and the occupants of the car.

‘Some of these are:

• The dog cannot move around within the car and therefore has less potential to distract or disrupt the driver.
• In a collision, the dog is less likely to become a projectile thereby potentially decreasing the risk of injury to the driver or passengers.
• Restraint may prevent the dog from jumping out of a moving car’s window which may reduce the risk of injury to the dog and other road users.

As Ms Vogel reminds us, “If you love your dog - secure your dog!”

At this stage, RSPCA Australia considers that further research using non-animal models is needed to determine the safest and most effective way of restraining dogs and other pets in cars in order to reduce the risk of injury to the animal, driver; other occupants in the car and other road users.

For more information please visit www.rspca.org.au

For more information call 1300 733 420 or visit www.homesource.com.au

cars     dogs     homesource     rspca     rta