FEATURE
TRAVELLING WITH PETS: WHAT THE LAW SAYS JILLIAN SMITH, LEGAL COUNSEL, RSPCA OF SA AND MEMBER, ANIMAL LAW COMMITTEE
W
hen I was a child our black Labrador, Ben, would travel with us in the Ford LTD, nestled happily in the foot-well by the backseat. A well-behaved and chilled individual, Ben would fall asleep almost as soon as the engine turned over for our road trips to Yorke Peninsula or the beaches of the South East, and wake up only at road stops for a quick sniff and cock of the leg before happily retiring back to the car. At night on these caravan holidays, Ben would sleep tethered in a pop-up canvas kennel my father had fashioned. It must have been comfortable as Ben’s loud and guttural snoring reverberated on the night air and was interpreted as Dad’s by the neighbouring campers, much to the chagrin of my mother. We were lucky to have such a superrelaxed hound as Ben, who never barked, never reacted poorly to other animals or people and treated the car as his own personal sleeping compartment. Not all pets are such pleasant travelling companions. They can be lethal distractions and potential missiles in a car and overstimulated animals can be difficult to control whether in the car or in new unfamiliar surroundings. They are also a constant responsibility when travelling. This article provides a brief overview of the regulatory and legislative provisions regulating how and where pets may travel.
WHERE CAN I TRAVEL WITH PETS IN AUSTRALIA? All pets must be cared for at all times whether on holiday or at home and failure to do so may constitute ill treatment of
14 THE BULLETIN June 2022
an animal under the Animal Welfare Act 1985 (SA) or its interstate equivalent.1 The responsibility of pet ownership may limit trips to the pub, theme park, sightseeing trip or other holiday activity.2 The Dog and Cat Management Act 1995 (SA) provides that dogs must be under the effective control of the owner,3 therefore their presence inevitably limits the available activities while away from home. Pets cannot be left to their own devices in camp grounds or caravan parks. Domestic animals (other than accredited assistance dogs) are prohibited from most national parks,4 and dogs are prohibited also in schools, childcare centres and shops unless permission is sought.5 Dog owners may be fined for a dog’s persistent barking6 (something which may be harder to prevent when a dog is in unfamiliar surroundings) and owners will need to be prepared with plenty of poo bags as fines apply for failing to immediately clean up when a dog defecates in a public space.7
DO ANIMALS NEED TO BE RESTRAINED IN CARS? Unrestrained animals can jump from open windows and can easily be injured or injure others within the car if braking suddenly. The RSPCA has reported that 5000 dogs each year are either injured or killed in Australia as a result of jumping from a moving car.8 Given this alarming figure, it is somewhat surprising that in no Australian jurisdiction other than the ACT9 is there a blanket requirement that animals be safely restrained while travelling inside a vehicle. There are however provisions in all Australian jurisdictions (other than
the Northern Territory) prohibiting dogs travelling unrestrained or untethered on the back of a ute, (with exceptions applying for working farm dogs).10 The Australian Road Rules specifically prohibit driving with an animal in your lap or between the handlebars on a motor bike.11 This is not only because of the distraction lap-held pets pose to the driver or rider but also the horrifying fact that pets have caused serious injury, notably when an airbag propels the pet into the body of the driver or other passengers in the vehicle.12 For this reason, while not expressly prohibited, pets should not be allowed to travel on a lap of any passenger in a car. The distraction an unrestrained animal provides in the car is akin to that of a mobile phone,13 and may amount to driving without due care or attention.14 Further, failing to restrain an animal in a car may negate car insurance. The terms and conditions of many comprehensive policies providing that insured parties must “take all reasonable precautions to prevent or reduce loss or damage to the insured property”. A distracting unrestrained pet may fall foul of such a clause. The SA Standards and Guidelines for Breeding and Trading Companion Animals 2017 provides enforceable minimum standards and recommended guidelines to those involved in the pet trade. Part 11 sets out the responsibilities of breeders, sellers and commercial transporters of pets to ensure animal welfare while in transit. This includes mandating the use of appropriate containers or a suitable restraint with noncompliance being a breach of the Animal Welfare Regulations 2012 and punishable by fine.15 Sellers and transporters of pets
