Dogs and the Law

Dog Identification Tags

Did you know - it is a legal requirement for your dog to wear an ID tag AND be microchipped?

We all know about the bigger and more high profile dog laws, such as the Dangerous Dogs Act but are less familiar with the more everyday laws and bylaws.

Lots of people don't know this but when you're out and about your dog is required to be wearing some form of ID tag that shows the owners name, address and as a minimum, even if they're already microchipped. Some people also don't know that legally dogs must be microchipped by 8 weeks of age. But whilst these are legal requirements, they also make it much easier to get your dog back if they go missing.

A microchip requires a hand held scanner for it to be read, usually by a vet, whereas your details on your dog's collar or harness can get them returned to you MUCH faster.

Car Travel

Another often missed requirement falls under the Highway Code and carries a potential £5000 fine . Under rule 57, dogs cannot travel in the passenger seat and must be suitably restrained whilst travelling in a car. Whilst this is generally a rule that protects the driver from being distracted, this is another one that protects your dog too. A dog that is not secure whilst inside the main cabin of the car can become a projectile during a collision - remember all those old crash test dummy videos about why rear-seat passengers need to wear seatbelts? Those apply to dogs too!

Violet is safely secured on the back seat, with a harness and headrest-attached restraint strap

Suitable restraints include crates, and also seatbelt clips and headrest restraints on the back seat that attach to the dog's harness (never use a restraint like this on a collar as your dog could end up with a broken neck in the event of even a small bump).

Outside of accidents, in-car restraints can also stop your dog from getting out of the car before you are ready, which can in itself prevent accidents in carparks and near roads. We've seen far too many near-misses from people having their dogs leave the car too soon.

OUT OF CONTROL!!

Everyone has heard of the Dangerous Dogs Act 1991 right? It is the part of the law that manages banned breeds and dogs that have attacked a person and that's what most of the legislation covers. But did you also know that it applies to any dog, regardless of size or breed, that could be considered 'out of control'.

But what does 'out of control' mean?

This doesn't mean that your dog has to attack or bite someone for you to be in violation of the law. Your dog is considered 'dangerously out of control' if it makes someone worried that they might get injured. Obviously, people's interpretations of your dog's behaviour can vary - consider the difference between your dog running up to someone who is afraid of dogs vs someone who loves dogs. But if they FEEL threatened or worried, your dog can be reported as out of control and as the owner, you can be fined regardless of who was handling the dog at the time. Remember this applies even if your dog is just chasing another person (or their animal) and they feel worried.

An important consideration here is how your dog approaches other dogs. Whilst it is not necessarily an offence for your dog to attack another dog (the courts will decide on a case-by-case basis) the dangerous dogs act can apply if the owner of the other dog feels that they might be injured by trying to protect their dog. You can be made to pay a fine, compensation and costs. Even if you think your dog is friendly. If your dog hurts a person, they may be seized and destroyed. It's just not worth the risk.

If your dog is off-lead and you don't have full voice control of your dog (e.g. excellent recall in all circumstances) you are putting yourself and your dog at risk of being reported. And this is not just when you are out and about. To quote the government website:

It’s against the law to let a dog be dangerously out of control anywhere, such as:

- in a public place

- in a private place, for example a neighbour’s house or garden

- in the owner’s home

The law applies to all dogs.

It is also worth noting that you can be prosecuted if your dog causes any injury to a service dog, and that service dogs do not have to be labelled as such - meaning any dog you see could be a service dog, even if not wearing an identifying vest or equipment.

Do you know what a PSPO is and how it relates to you and your dog?

PSPO is a Public Space Protection Order and is essentially an ASBO aimed at a place rather than an individual. PSPOs still address anti-social behaviour such as drinking, vandalism, noise etc, but the scope is broader.

What is included?

For us as dog owners, the most well-known aspect of the PSPO is the criminalisation of not cleaning up after your dog. The exact details of the PSPO and the areas each order covers are different for each council but some are pretty standard across all, such as:

• You must remove your dog's faeces from ALL public land

• You must have and produce on request the means to remove any dog fouling (poop bags)

Leaving a full poop bag anywhere other than in a bin constitutes littering and carries the same fines

Lead Rules

But did you also know that most councils have rules about leads? For example, almost all of them state that you cannot have your dog off-lead in a cemetery or churchyard and that dogs are not allowed into fenced children's play areas (referred to as a 'dog exclusion area') whether they are on-lead or not. Most also don't allow dogs to be off-lead on any footpaths around lakes or ponds (wildlife protection).

Parks and Fields

Council maintained sports fields and parks are also subject to lead requirements under two main criteria:

- if there is a public event happening

- if there is a sign stating that the park/field is under a PSPO that requires dogs to be on a lead at all times (see image)

A Public Space Protection Order information sign at a park in Doncaster requesting that dogs be kept on lead and cleaned up after.

[Not unrelated - I saw four separate owners walking their dogs off-lead in Bentley Park, where this sign is displayed at each gate, during the short visit in which I took this photo.]

What about roads?

Under the Highway Code (Rule 56) your dog must be on a short lead (under 2m) on any public road. Under the law, you can be prosecuted and held liable for any third party costs and damages if your dog causes an traffic accident, whether involving a pedestrian or a vehicle. This includes if your dog is on a lead long enough to allow them to walk onto the road, such as a flexi-lead.

DOGS IN THE COUNTRYSIDE

A puppy watches horses from a safe distance, behind a gate and whilst on lead.

The Countryside and Rights of Way Act 2000 gives us the 'right to roam' with our dogs, but with some conditions. These conditions are mostly designed to protect wildlife and livestock and the main rule is the easiest to follow - Dogs on access land must be on a lead no more than 2m long at all times around livestock. In most places this also extends to cover areas with ground-nesting birds.

The Countryside Code goes a little further and states: "On Open Access land and at the coast, you must put your dog on a lead around livestock. Between 1 March and 31 July, you must have your dog on a lead on Open Access land, even if there is no livestock on the land. These are legal requirements."

The safety aspect here is that just because you can't SEE the livestock in the immediate area, doesn't mean that either it isn't there, or your dog can't get to it before you can do anything about it. Your dog is way faster than you, and in a lot of cases faster than the livestock. You must prevent your dog from attacking OR chasing livestock by law.

Even if you think your dog wouldn't chase animals or wildlife, it is still important to put on a lead in these areas as livestock can be severely affected just by the presence of a predatory animal like your dog (no matter the breed or size). So even if you think you are certain your dog does not usually chase, they may become excited by unusual smells, sounds or movements and it’s better to be safe than sorry - particularly because farmers are well within their legal rights to shoot your dog if it is so much as worrying livestock. You can also be fined and made to pay the farmers costs if any damage is done.

A common theme across all of this information on the law and dogs, is that a lead can save you a lot of potential trouble and most of the time, it's just not worth the risk! If you're not sure of the law in a particular area or circumstance, put your dog on lead and be safe rather than sorry. Oh and always carry poop bags!!!