Australia is famously known for dogs hanging out the back of utes. Even though the utes take center stage in the picture, the practice has undergone some legal changes in the recent past. In most parts of Australia, there is no restriction to having a dog in the back of a ute. However, the dog needs to be safely restrained or enclosed.
Every state has its own legal guidelines regarding the presence of animals in vehicles. Regardless of the state, dogs must be restrained in some fashion. Restraints take the form of specialized dog travel harnesses, car seat belts, or enclosed, ventilated dog crates secured to the vehicle. Working livestock dogs, accredited assistance dogs, and the like tend to be the ones to utilize such exceptions.
| State/Territory | Restraint Required | Exceptions | Typical Penalty |
|---|---|---|---|
| NSW | Yes (harness or crate) | Working dogs | Up to $5,500 + jail |
| Victoria | Yes (tether or crate) | Working dogs | Around $500 |
| Queensland | Yes | Working dogs | Varies, up to $9,600 |
| South Australia | Yes | Working & assistance dogs | $1,460 |
| WA | Yes | Working dogs | $500 to $750 |
| Others | Yes | Similar | Varies |
Like in NSW, Victoria’s Prevention of Cruelty to Animals Act requires that dogs be tethered or caged in order to protect them from undue danger of falling or jumping off. In NSW, the unrestrained dogs of ute trays are a public nuisance, and the owners can be fined or incarcerated. Dogs in Queensland and South Australia also require safe restraint, aligned with a gravity-of-the-penalty system.
Safety Concerns and Recommendations
Legislation aside, restraining dogs in the back of a ute unattended constitutes neglect, and is extremely dangerous as it violates the animal’s basic right to be safe from falling from the vehicle, or being injured through abrupt stops, or when being hit by missing windows, or even random obstructions on the road. Dogs can also inflict injury on themselves or become extremely hot and risk serious injury by the sun when placed in the ute trays.
Welfare bodies and the RSPCA also recommend and actively seek to educate the public on the use of a vehicle seat belt restraint system designed for dogs. Preferably a crate, the dog should be shielded from winds, dust, and exposure to extreme and dynamic weather, and be tethered into a position whereby it can lie down comfortably.
The aim is to shield the animal from injury, and as such, should never be tethered with thin ropes or any form of restraint. A rigid and over-structured restraint can also cause injury, and therefore, the use of restraint must be weightless. Swivels are best to use to disengage tangle, and the dog’s resting zone should be on a surface that can be easily cleaned.
Consequences of Non-Compliance
Laws about letting a dog in the back of a ute unrestrained vary in terms of severity border restrictions. For example, New South Wales will charge the dog owner a fee in $5500 and might also enforce a prison sentence for the more serious offences, whereas in Victoria the fee is a little over $500. The animal laws in Queensland have the same weight as other states. In addition, all states seek to achieve the national goal of animal welfare and road safety.
