Under Rule 57 of the Highway Code, dogs or other animals in a vehicle must be suitably restrained so they cannot distract you while driving or injure you (or themselves) if you stop quickly.  Failure to comply with this Rule under the Highway Code isn’t a standalone criminal offence, but it can be used as evidence in a prosecution.  So what does this mean in practise?

It’s not the dog being loose per se that’s the criminal offence, but how that affects driving that could lead to prosecution.   This means that if a dog is loose in the car and it:-

• distracts the driver, or
• interferes with control of the vehicle

you could be prosecuted for driving while not in proper control of the vehicle or driving without due care and attention (careless driving).

Acceptable restraints include:-

• Dog seatbelt harness clipped into the seatbelt socket
• A secured crate or carrier
• A dog guard in the boot
• A fixed pet barrier

The key requirement is that the dog is secure and cannot distract the driver.

If you’re involved in an accident because your dog was unrestrained, insurers may take issue with it and could look to avoid liability.

The situation is more complicated if the dog is a banned breed type under Section 1 of the Dangerous Dogs Act 1991, such as a Pit Bull Terrier or an XL Bully, even if the dog has been exempted from the prohibition.  In that situation, the law requires such dogs to be on a lead and muzzled when in a ‘public place’.  The inside of a vehicle is regarded as a public place for the purposes of this Act if the vehicle itself is in a public place at the time (such as being on the road or in a public car park).  Failure to comply would be a criminal offence as well as being a breach of the exemption conditions.

Trevor Cooper
Solicitor

How we can help

If you need specialist legal advice in relation to your dog (or cat), please call us at Cooper & Co Solicitors on our landline number of 01227 20 33 20 during normal office hours.  Subject to a conflict check, we can usually offer a fixed fee telephone call for £75 + VAT for up to 20 minutes.

DISCLAIMER

This blog is provided for general information and does not constitute legal advice.  You should always seek tailored advice from a suitably qualified and experienced lawyer.  We do not sell insurance nor do we recommend any particular insurance provider or policy.

Cooper & Co Solicitors, 19 Palace Street, Canterbury, CT1 2DZ.

Tel : 01227 20 33 20
Email : admin@doglaw.co.uk 
Website : www.doglaw.co.uk

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