The Laws on Driving with a Dog in Your Vehicle

As a nation of dog lovers, with 28% of UK adults owning at least one dog[1] and an estimated population of 13 million pet dogs [2], it is important that we understand the laws on driving with a dog in your vehicle. As the ownership of dogs domestically increases, so does the way in which dogs fit into our lives and the way they are viewed by society.

A 2021 survey found that 70% of women viewed their dog as their child, 72% explicitly stated that they prefer the company of their pet over that of a child[3]. With those statistics in mind, a significant number of pet owners are completely unaware of the correct way to travel with their dog in their vehicle or do not act in accordance with the correct way to restrain their dogs while driving. As with any area of law, the laws for driving with a dog in the car have changed over time, in line with developments in technology. This article outlines the most up-to-date guidance and advice on how to keep your beloved animal safe.

Law and Legislation on Driving with a Dog

Although it may be a surprise to some motorists, driving your vehicle without properly restraining your dog is an offence. The legislation for this area of law can be found under Rule 57 of the Highway Code which states:

‘When in a vehicle make sure dogs or other animals are suitably restrained so they cannot distract you while you are driving or injure you, or themselves, if you stop quickly. A seat belt harness, pet carrier, dog cage or dog guard are ways of restraining animals in cars.’

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Send us a message or call us on 0333 443 2366 for friendly advice

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What Does ‘Suitably Restrained’ Mean for Your Dog in Your Car?

Suitably restraining your pet while driving means ensuring that they are secure in your vehicle but also healthy and safe. As a general rule, your dog should be unable to wriggle free or be in the vicinity of the driver, as this poses the risk of causing a distraction. Your dog should be secured by either a high-quality harness, a guard in the boot of the vehicle or a secure crate. It’s important to note that another passenger in the vehicle holding the dog is not suitable and unsafe for the dog, as it is highly likely they could become unsecured.

Sentencing for an Offence

This offence, however, is not as clear when it comes to sentencing, as there are no separate guidelines or direct penalty for not restraining your dog in your vehicle. Instead, you would be subject to the potential charges of driving not in proper control or driving without due care and attention, if your dog causes you to be distracted from driving.

Not in Proper Control

This offence is subject to Section 41D of the Road Traffic Act 1988 which states:

‘A person who contravenes or fails to comply with a construction and use requirement—

• as to not driving a motor vehicle in a position which does not give proper control or a full view of the road and traffic ahead, or not causing or permitting the driving of a motor vehicle by another person in such a position’

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Send us a message or call us on 0333 443 2366 for friendly advice

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This offence may be relevant in cases where drivers have permitted their dogs to sit close to them in the vehicle, providing the dog with the opportunity to sit near essential elements of the vehicle, such as the gearstick, limiting its function and the driver’s accessibility to it.

Driving whilst ‘not in proper control’ of your vehicle carries a sentence of three penalty points and a financial penalty.

Driving Without Due Care and Attention / Careless Driving

This offence is subject to Section 3 of The Road Traffic Act which states:

‘If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.’

This offence may apply to situations where a dog is left unrestrained or ‘loose’ in your vehicle and thus free to cause a distraction to the driver or even an accident in more serious cases.

The Sentencing Guidelines for careless driving range from 3–4 points to a driving disqualification, depending on the level of culpability and harm present at the time the offence was committed.

For more information on this offence, please see our article ‘What is careless driving’ here.

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Contact Caddick Davies Solicitors today

Send us a message or call us on 0333 443 2366 for friendly advice

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How to Avoid Being Charged with This Offence and Keep Your Dog Happy and Calm

When travelling with your dog in the vehicle, we would advise following the guidance below to ensure you are driving safely and your dog remains happy and comfortable.

• Do not permit your dog to travel in the front passenger seat of the vehicle, as whilst this can cause distraction to the driver, it also poses a risk to the dog – especially if there is an airbag present. Even placing your dog in the passenger seat footwell can pose a significant risk to your dog’s wellbeing if you were involved in an accident.
• Use a proper harness or dog seat belt attachment when securing your dog to prevent him/her from moving around the car and potentially causing a distraction.
• On longer journeys it may be safer and more comfortable to use a pet carrier or dog guard to assist with limiting your dog to one area, but still provide them with ample room so as not to cause distress.
• Providing your dog with regular comfort breaks and fresh air, to stretch their legs, is also likely to make them less restless in the vehicle.
• If your vehicle has a guard between the boot and back seats, your dog could travel in the boot. However, some dogs may be distressed by this, so that cannot be treated as a ‘one size fits all’ approach.
• As much as your dog may enjoy it, we would also advise against allowing your dog to lean their head out of the window unrestrained, as this increases the risk of danger to them/other road users substantially.
• Drive gently to ensure your dog is not displaced in your vehicle.

Do I Need to Notify My Insurer if My Dog is Travelling in My Car?

You are not required by law to inform your insurer that you are travelling with your dog in the vehicle, nor do you need to take out specialist insurance to do so. It is important to note that failing to restrain your dog while driving could also invalidate your insurance policy, especially if this has led to the cause of an accident.

If you regularly drive with your dog in the car, then it may be worthwhile speaking with your insurer to see if they offer any coverage if your pet was injured as a result of an accident – as very few providers offer this service. It is good practice to take out a separate insurance policy for your pet to ensure they are covered as a precaution.

If you have been charged with a motoring offence due to carrying your dog in your vehicle, please telephone a member of our specialist motoring team who will be happy to advise you further.

[1] https://www.pdsa.org.uk/what-we-do/pdsa-animal-wellbeing-report/uk-pet-populations-of-dogs-cats-and-rabbits

[2] https://www.independent.co.uk/news/science/uk-dog-population-millions-more-b2697404.html

[3] https://www.psychologytoday.com/gb/blog/canine-corner/202108/millennial-women-are-dogs-and-cats-stand-in-kids#:~:text=In%20this%20survey%2C%2070%25%20of,ever%20to%20change%20their%20mind.

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Neil Davies

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I am a criminal lawyer with over 25 years of experience and specialising in the defence of Road Traffic (driving) prosecutions and the founder and Senior Partner of Caddick Davies Solicitors.

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