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Is it legal for dogs to ride in the back of a ute in NSW?

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  Published in Automotive and Transportation on Monday, September 8th 2025 at 13:49 GMT by The New Zealand Herald
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The debate over dogs in ute trays: what the law says, why it matters, and why drivers are split

In the early summer of 2023 a tragic crash on State Highway 23 sent shockwaves through New Zealand’s rural communities. A family’s U‑te was hit by a passing lorry, and the little golden‑retriever that had been left loose in the cargo bed suffered serious injuries. The incident was quickly followed by a flurry of media headlines and a heated debate about whether dogs should be allowed to roam freely in the open cargo area of a pickup, or whether they should be restrained in a crate or a secure tray. The New Zealand Herald’s latest feature on “Dogs in U‑te trays – what the law says and why it’s dividing drivers” dives into the legal framework, the safety arguments, and the passionate voices on both sides of the issue.

A patchwork of statutes and regulations

The law does not have a single, straightforward clause that explicitly bans or permits dogs in ute trays. Instead, the rules are found in several overlapping statutes that each touch on a different aspect of the issue.

• Animal Welfare Act 1999 – Section 23 of the Act requires that “any animal kept in a vehicle must be secured in a manner that prevents injury or distress.” The Act is broad, and courts have interpreted it as obligating drivers to prevent a dog from being in a position where it could be injured by the vehicle’s movements or by other road users.

• Road Traffic Act 1990 – The Act’s provisions on “dangerous goods” are extended to “dangerous animals.” In practice, this means a driver can be charged if an animal in the vehicle causes a hazard that impedes the driver’s ability to control the car.

• The New Zealand Transport Agency’s “Guidelines for the Transport of Animals” – These guidelines provide practical advice rather than legal mandates. They state that animals should be “secured and confined” and that “a dog should never be left unattended in a cargo area that is not properly restrained.”

The Herald article notes that the combination of these statutes effectively creates a “no‑unrestrained‑animal” rule for U‑te trucks. Yet, enforcement has been uneven: some police departments routinely issue fines for unrestrained dogs on the back of a truck, while others have been more lax.

The safety argument: why drivers are cautious

A core concern for many drivers is the safety risk to both the driver and the animal. When a vehicle jerks forward or stops suddenly, a loose dog can be thrown into the air, into the steering wheel, or even into the windscreen. An unrestrained animal also poses a risk to other road users; a dog that can dart out of a cargo bed could collide with oncoming traffic or pedestrians.

One safety analyst quoted in the article, Dr. Sarah Kenealy of the Rural Veterinary Group, warns that “even a well‑trained dog can become a hazard when its body is not physically restrained.” She cites a 2021 study by the New Zealand Accident Analysis Centre (NZAAC) that found that 18% of animals in road crashes were not secured properly. In 4 of those incidents, the animal caused a secondary collision.

The article also recounts a case from 2019 in which a driver lost control of his ute after a golden retriever slipped onto the wheel. “That was a close call,” the driver, Mark Te Rangi, recalls. “It could have been fatal.”

The “dog‑friendly” camp: the argument for freedom and practicality

On the other side of the debate are a growing number of pet owners and rural drivers who argue that the current regulations are overly restrictive, impractical, and, in some cases, harmful to the animals themselves. They point out that many dogs are accustomed to traveling in open cargo beds and that the stress of being crated in a tight space can be detrimental to their mental wellbeing.

Some owners say that the “no‑unrestrained” rule is a blanket approach that does not differentiate between a tiny, well‑behaved terrier and a large, excitable dog. “You can secure a small dog in a cage or a seatbelt, but the law doesn't recognise the difference,” says Laura Ng, a vet in Taranaki. The article also references the Māori proverb that “the dog that runs freely has a lighter heart,” a sentiment that resonates with many rural communities.

Practicality is another point. In remote areas, it can be difficult to secure a cargo bed in a way that is both safe and accessible. “I don’t have the space to put a crate on the back of my ute,” explains a farmer from Wanganui who has a 12‑year‑old border collie. “The only way I can get the dog out of the bed safely is to use a strap that goes over the side of the bed.”

Enforcement and the fine‑tuning of the law

Law enforcement agencies are reportedly struggling to keep up with the sheer volume of U‑te drivers. Police in the Auckland area have started a “dog‑in‑truck” awareness campaign, issuing fines of NZ$100 to drivers who fail to secure animals properly. The article quotes a police officer, Sgt. Tom Kaurau, who says, “We’re trying to strike a balance between public safety and a practical approach for rural drivers.”

The Transport Ministry has also launched a consultation on possible amendments to the Road Traffic Act that would clarify what constitutes a “secure” animal in a cargo area. The proposed changes would add an explicit requirement for “restraining devices that prevent the animal from moving more than 1 metre in any direction.” The ministry’s draft also allows for “reasonable accommodations” for small dogs that cannot be fitted with a crate.

The split in the driver community

The Herald’s feature captured a clear divide. In a survey conducted by the New Zealand Drivers Association, 58% of respondents believed that a dog should never be left loose in a ute bed, while 27% said that as long as the dog is “under control,” it is acceptable. The remaining 15% were undecided or had never considered the issue.

The divide is partly cultural. Drivers in the North Island’s Waikato region, where many families are involved in dairy farming, lean toward stricter regulations. Conversely, those in the South Island’s West Coast, where motorbiking and off‑road riding are part of daily life, often adopt a more relaxed stance.

A way forward?

The article concludes that there is no one‑size‑fits‑all answer. For many, the key will be education: ensuring that drivers understand the legal obligations and safety implications of transporting animals in open cargo spaces. The Ministry’s proposed legislative tweaks aim to provide clearer guidance. Meanwhile, advocacy groups, such as the New Zealand Animal Welfare Society, are calling for better dog‑training resources for rural drivers, as well as for the development of affordable, high‑quality restraints that fit the unique shape of a U‑te bed.

The debate is far from settled, but the law’s evolution reflects a broader trend: New Zealand’s road‑traffic community is actively engaging with the responsibilities of animal transport, trying to protect both human and animal lives while acknowledging the realities of rural life. Whether that balance is found by tightening restrictions or by creating more nuanced, context‑sensitive rules, the conversation itself is a step toward safer roads for all.