Are you unknowingly breaking the law when driving with your dog?
Most Australian dog owners have travelled with their dog in the car, often without realising they could be at risk of steep fines depending on where their dog is sitting.
Across the country, there are strict rules requiring dogs to be safely restrained when riding on the back of a ute. Yet each state and territory has its own laws that dictate exactly where inside a vehicle your dog is allowed to sit.
For example, in New South Wales, it’s legal for your dog to ride in the front passenger seat as long as they don’t interfere with your ability to drive. But in Western Australia, this setup is against the law.
Regardless of location, driving with a dog on your lap is illegal nationwide, with fines ranging from $228 to $562 depending on the state.
Here’s a breakdown of the laws and road rules for travelling with dogs in every Australian state and territory:
New South Wales
It’s illegal to drive with a dog on your lap in NSW. Offenders face a $562 fine and three demerit points.
There’s no law prohibiting a dog from sitting in the passenger seat; however, drivers can still be fined if this prevents them from maintaining proper control of the vehicle, also $562 and three demerit points.
Dogs transported on the back of a vehicle like a ute must be restrained under NSW animal welfare legislation. There’s no legal requirement to restrain dogs inside the cabin, but Transport for NSW recommends using appropriate restraints or harnesses to keep both the dog and passengers safe.
Queensland
“A driver must not transport a dog in a vehicle if any part of their body, other than their head, can protrude outside the vehicle,” a Queensland Transport and Main Roads spokesperson says.
It is illegal to drive with a dog in your lap. Offenders may receive a $389 fine.
Dogs in ute trays or trailers must be safely secured under animal protection legislation. The maximum court-imposed penalty is up to $10,014.
Australian Capital Territory
In the ACT, it’s illegal to have an unrestrained dog in a moving vehicle.
Dogs must be restrained by a harness or leash, or placed in an enclosure that prevents them from moving around or off the vehicle or being injured.
Failure to comply can attract a fine of up to $3,200.
It’s also illegal to confine a dog in or on a vehicle in a way that could cause injury, pain, stress, or death.
Victoria
Under the Prevention of Cruelty to Animals Act, it is illegal to transport a dog on the back of a ute or trailer unless they are appropriately tethered or caged.
It’s also illegal to transport a dog on a hot metal tray (28°C or above) unless they have access to insulating material to protect them from the surface.
The maximum penalty is more than $3,050.
Dogs can be transported legally in the cabin or the back of a wagon/SUV-style vehicle, but not in the boot of a sedan. Fines can exceed $3,000.
South Australia
“To keep everyone safe whilst driving, pets travelling in a vehicle must be securely and comfortably restrained inside the vehicle or secured on the back of an open ute tray,” says Superintendent Shane Johnson, SA Police Officer in Charge of Traffic Services Branch.
Driving with an animal on your lap, or riding a motorbike with a dog between you and the handlebars incurs a $228 fine.
Dogs on ute trays must be tethered to prevent them from falling or escaping. Failure to comply can result in a maximum penalty of $1,250.
Leading an animal while driving incurs a $129 fine.
Western Australia
Under the Animal Welfare Act 2002, dogs must be transported in a way that prevents unnecessary harm. Generally, this means they must be restrained.
Drivers may face fines of up to $5,000 and jail time if a dog is injured while unrestrained.
It is also against the law for a driver to have a dog on their lap, in the passenger seat, or in any position that could lead to distraction.
Motorcyclists cannot ride with a dog between them and the handlebars, or in any position that affects control.
Dogs transported on the back of a vehicle like a ute must also be restrained.
Northern Territory
Although there’s no specific law requiring pet restraints inside vehicles in the NT, it is illegal to drive with a dog on your lap or in a way that compromises control of the vehicle.
This may be deemed careless driving, attracting a $150 fine plus a $58 victims levy.
It is illegal to transport an unsecured dog on the back of a ute under the Animal Protection Act 2018. The maximum penalty is 50 penalty units ($9,450).
Tasmania
In Tasmania, it’s illegal to drive with an animal on the driver’s lap under the Road Rules 2019. Fines of up to 10 penalty units ($2,050) apply.
The Dog Control Act 2000 also requires that dogs be sufficiently restrained in or on a vehicle. Failing to do so can attract fines of up to five penalty units ($1,025).
Under the Animal Welfare Act 1993, it’s also illegal to transport a dog in any way “that subjects or may subject it to unreasonable and unjustifiable pain or suffering”.
Black Hound Recommends:
At Black Hound, we believe safety comes first, for both dogs and drivers.
We recommend always restraining your dog during travel.
For the highest level of protection, we suggest using a crash-tested crate or harness system from Black Hound.
Source: Maddison Leach 9news 17.07.2025
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