Is it illegal to have your dog in the front seat of the car?

Is it legal to have your dog sitting in the front seat as you drive? The answer depends heavily on their location and whether or not they’re restrained – here’s what you need to know.

If your dog is your best friend, chances are they’re your favourite road trip buddy too. However, if you’re considering having your four-legged friend ride shotgun on your next adventure, it pays to know the road rules around pets in the car.

So, is it illegal to have your dog in the front seat of your car?

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Technically, no – as long as it’s secured correctly, isn’t sitting on the driver’s lap, and doesn’t have the potential to impede on your focus or driving abilities.

Under the Prevention of Cruelty to Animals (POCTA) Act and Regulations, it is illegal to put dogs in the boot of a sedan, leave an animal unattended for more than 10 minutes when temperatures are at or above 28 degrees, transport a dog in the back of a ute or trailer if it’s not properly tethered or caged, or put a dog in the metal tray of a ute if the outdoor temperature is 28 degrees or more.

While it’s not compulsory to restrain your dog, authorities strongly advise doing so to improve the safety of yourself and your pet.

Additionally, all states and territories have penalties in place for people who drive with a dog on their lap, or people whose attention or control of their vehicle is affected by their dog.

To find out the specific road rules around pets in the front seat of cars for each state in Australia, keep reading.

Disclaimer: This article does not constitute legal advice and should be considered a general guide only. Individual circumstances may vary.

Is it illegal to have a dog in the front seat in Victoria?

No, it is not illegal to have your dog in the front seat of your car in Victoria.

However, Victoria’s road rules state: “You cannot drive a vehicle with an animal on your lap, while you or a passenger is leading an animal or while an animal is tied to the vehicle.”

Driving with an animal on the driver’s lap attracts an infringement fine of $277, and a maximum court penalty of five penalty units ($925).

While having a dog in the front seat of your car is not specifically prohibited by Victoria’s road rules, it is strongly recommended that drivers restrain their dog while driving. 

Victoria doesn’t have any specific road rules or penalties around securing animals in a vehicle while driving – but in the event of a collision, an unrestrained dog could face significant risk of injury or death.

Is it illegal to have a dog in the front seat in New South Wales?

No, it’s not illegal to have a dog in the front seat of your car in NSW, as long as the dog isn’t on your lap or obstructing your ability to drive.

There is no specific road rule in NSW preventing a driver from placing a dog or other animal on the front passenger seat of their vehicle while driving. However, under Road Rule 297 (2), drivers are prohibited from driving with a person or dog (or any other animal) on their lap. 

In NSW, a fine of $362 and three demerit points applies to drivers who drive with a dog or other animal on their lap. Higher penalties apply to drivers committing this offence in school zones. 

Drivers in NSW are also required under Road Rule 297 (1) to drive while maintaining proper control of their vehicle. If a dog or other animal sitting on the front passenger seat of a car prevents a driver from maintaining proper control of their vehicle for any reason, the driver will be breaking this rule.  

A fine of $481 and three demerit points applies to drivers who fail to maintain proper control of their vehicle while driving. Higher penalties apply if the offence takes place in a school zone. 

While NSW doesn’t legally require you to restrain your dog, it is strongly advised that you properly restrain your dog for the safety of your pet and yourself.

Is it illegal to have a dog in the front seat in Queensland?

No, it is not illegal to have a dog in the front seat of your car in Queensland, as long as the dog is not on your lap.

“Drivers cannot travel with a pet in their lap. The penalty for this is $335,” a spokesperson for Queensland Transport and Main Roads told Drive.

“While there are no other rules about where animals can travel in vehicles, it is recommended pets be restrained for their safety and the safety of all vehicle occupants.”

Is it illegal to have a dog in the front seat in South Australia?

No, 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.

As in other states, there are no specific road rules in SA requiring you to restrain your dog in the car, but it is recommended for safety reasons.

Drivers may also face penalties if their pet is found to have prevented them from maintaining proper control of their vehicle.

Is it illegal to have a dog in the front seat in the ACT?

No, it is not illegal to have a dog in the front seat of your car in the ACT, as long as the dog is not on the driver’s lap or impeding on the driver’s ability to maintain proper control of the vehicle.

“There are no rules about a dog riding secured in the front passenger seat, but drivers are reminded that airbags deploy with incredible force, and can seriously injure or even kill a dog if it is struck by an airbag,” a spokesperson for ACT Policing told Drive.

“Driving with your dog on your lap is an offence in all parts of Australia.”

Is it illegal to have a dog in the front seat in Tasmania?

No, it is not illegal to have a dog in the front seat of your car in Tasmania, unless it’s sitting on your lap. 

Tasmania’s road rules specifically prohibit any person from driving with an animal on their lap.

As in other states, there are no specific road rules in Tasmania requiring you to restrain your dog in the car, but it is recommended for safety reasons.

Is it illegal to have a dog in the front seat in the Northern Territory?

No, it is not illegal to have a dog in the front seat of your car in the Northern Territory, unless it’s sitting on your lap or impacting your ability to maintain proper control of the vehicle. 

“Animals should be seated or housed and secured in appropriate areas of the vehicle. You must not transport a dog in or on a vehicle
(including in the back of a ute) unless the dog is restrained or enclosed in a way that prevents the dog from interfering with the driver or falling from the vehicle,” the NT Road Users’ Handbook states.

“Animals can be unpredictable, and it is recommended that all animals travelling inside or on a vehicle are restrained to prevent distraction to the driver.”

Is it illegal to have a dog in the front seat in Western Australia?

No, it is not illegal to have a dog in the front seat of your car in WA, but you could face penalties if your dog is on your lap or is in a position that’s found to be interfering with your driving ability.

“A person can not drive a motor vehicle with an animal on their lap or where it is in a position where it may interfere with the driver,” a spokesperson for WA Police told Drive.

Driving with an animal on your lap in WA attracts one demerit point and a $100 fine.

Additionally, in some scenarios, police might decide your unrestrained dog’s presence could constitute careless driving ($300 fine and three demerit points, or up to $1500 and a loss of licence) or could impede upon your view of the road or your control of the steering wheel ($100 fine and one demerit point).

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