What the Law Says About Dogs Riding in Cars and Trucks in California
In California, there are no mandatory laws for restraining dogs in cars but enforcement officers widely support dog restraints to avoid dog death, car accidents, and dog distraction of drivers. California drivers may be surprised to learn that there are penalties for violating Section 44211 of the Vehicle Code, which addresses animal restraint. Unfortunately, the language of these laws make it easier to overlook their existence or think that they are only related to warning flags on folks carrying animals in trucks.
While the Vehicle Code says nothing about requirements for securing dogs in vehicles, Section 23117 of the Vehicle Code does. It states: "No person shall drive a motor vehicle with a number of animals on board which reduces or hinders the driver’s clear view to the front or sides, or which prevents the driver from safely operating the motor vehicle." (emphasis added).
Although there are no formal penalties for hoteling animals in the bed of trucks, animal control officers regularly cite truckers with dogs in the bed of their trucks for failure to keep dogs tied into the cab area of their truck to avoid injury and death to the dog when truck owners frequently forget to keep truck gates secured. Notably, this law applies only to animals that sit in the bed of the truck and not to dogs (cats , and recreational rats) that are actually being transported to elsewhere.
California’s Health and Safety Code Section 122335 requires all dogs or cats in the vehicle to wear a seatbelt. Specifically, Section 122335 states: "A person may not transport a dog or cat in the back of an open pickup truck or open flatbed trailer unless the animal is [wearing a restraint]" Specifically, Section 122335 mandates that the dog use either a leash (such as a harness), or a "container" (such as a crate) or a restraint (such as a seatbelt). When choosing a safety restraint system, you should check the size, height, weight, and age of your dog to determine the best safety system. Smaller dogs do better in crates or carriers. These crates and carriers should be secured back to the seat or floor of the vehicle. Larger dogs do best in harness systems. Large harness systems can run upward of a few hundred dollars. You can also use a crate style system affixed to your back seat.
In California, there are a few companies making dog restraints. All of the products listed below provide exceptional safety for your pet. This is an incomplete list.
In California, while there are no mandatory laws for restraining dogs in cars, safety restraints for your dog are highly recommended. If you travel with your dog, in the city or on the highway, you should follow some of the safety tips above.
The Penalties for Violating the Dog Car Safety Law
So how much trouble could you get into if you don’t comply with the dog car laws in California? If road safety officials catch you transporting your dog in an unsafe way, you could face a fine of $35. Even if your dog is only partially out of the window when you’re driving down the road, this could lead to a fine of $70. If an officer sees your dog distracting you while you’re driving—such as by barking or jumping around—you may be charged with reckless driving. The bottom line is that California’s laws for driving with dogs are some of the toughest in the nation. You must be in complete control of your pet on your drive. Otherwise, you could be paying through the nose for even the most minor infractions with the law. While it may seem far-fetched that you would be stopped for driving with your dog on your lap, these laws exist to protect everyone on the road from your dog’s normal, everyday behavior. Many of the accidents that occur because of dogs on the road are not the result of a dog actually causing the accident, but rather, the driver getting into an accident because their dog was in the way. For example, if you were driving down the freeway when your dog hops up on your lap while he’s sleeping. He bumps against the steering wheel, causing you to veer slightly out of your lane. Another driver swerves to avoid you, causing them to run off the road and into a ditch. This driver breaks his leg and has several thousand dollars of damage on his vehicle. Certain elements had to have been present for this to have happened, such as you veering out of your lane. But another element also had to be present—your dog’s presence in the car, causing you to get distracted from the road. This is why California is so strict about its dog transportation laws. Your dog needs to be properly restrained, or else there’s a good chance you will eventually hurt him, yourself, and/or others who are traveling down the road with you.
Good Ventilation and Temperature Control is Essential
As in most states, California laws require that animals traveling in vehicles have adequate space, ventilation, and temperature control to prevent harm. State and local laws prohibit confining an animal in any unattended or parked motor vehicle without proper ventilation and temperature control. Under California Penal Code Section 597.7, you can be charged with a misdemeanor if your dog is confined to a parked vehicle without adequate ventilation or temperature control and the animal suffers as a result.
Under California Federal Penal Code Section 597 (A), any person who willfully and maliciously beats, mutilates, tortures, or otherwise administers, or procures to be administered, or causes the administration of, an agonizing crime against any vertebrate animal, whether wild or tame, or who has caused such animal to be beaten, mutilated, tortured, or killed.
Since a dog cannot alleviate excessive heat, they can easily overheat. In fact, dogs can overheat easily. If your pup’s body temperature exceeds 104 degrees, it’s time to call the vet. Outside temperatures may be normal, but your dog can still be in danger.
In 2016, the California Department of Food & Agriculture (CDFA) reported over 19,000 dog complaints over a 12-month period. Animal control cites most dog owners for violating leash or licensing laws. But plenty are issued citations for dogs left alone in hot, closed vehicles.
Trade group Humane Society Veterinary Medical Association (HSVMA) says canine deaths occur within 30 minutes of being left in a hot vehicle – even with windows cracked. On a 70-degree day, an animal in a parked car can suffer heat injury in less than 20 minutes. Outside temperatures as low as 70 degrees can be dangerous for dogs.
California imposes some of the strictest pet law violations. Leaving a dog alone in a hot, closed vehicle is one of them.
Best Practices for Dog Car Travel and Transport
The American Kennel Club recommends the following best practices for keeping your dog safe in your car:
A crash-tested dog seat belt, crate, or carrier to secure your dog
A detachable dog car seat cover that is easy to secure, clean , and can be machine washed
Create a tether between the seat cover and the back of the front seats. This creates a wall to keep the dog from the front of the car
Specially designed cargo area pet safety net (that can resists chewing) to separate dogs in the cargo area from the passenger compartment of a vehicle and tongue and groove doors
Crate tie-down straps if you are traveling with dogs in a crate or carrier
If you are using a dog in a crate, make sure to use nylon straps, which can resist chewing, and metal snaps, which will last longer.
Exceptions to the Dog Car Safety Laws
While the law is clear on most issues, exceptions and special circumstances can arise that are worth noting. For example, there are times when using a dog seat belt or restraint is not practical. For those instances, you need to be aware of your rights and obligations.
For example, if your dog gets loose in the car, you may encounter problems in which you need to control him or her right away – even if that means using a leash that won’t work perfectly. If circumstances dictate, use whatever you can (sometimes a jacket works) to restrain the animal until you can obtain the appropriate safety gear or get to a safe location. Do your best to behave in a responsible manner even if the law is violated by your actions.
In many parts of California, you can use a dog carrier or kennel to transport animals. Make sure it’s properly ventilated so your pet won’t suffocate. These carriers should also be designed in a way that prevents your dog from getting loose while in transit.
As is the case with harnesses and any device used to restrain your dog, it’s important to be able to remove the restraint as quickly as possible if he or she is choking or becomes trapped in the mechanism.
Exceptions may include situations involving service dogs. However, special rules apply, and you can be held liable in some situations. Always have proof that the animal is a working canine in the event you’re approached by an authority figure who demands to see it.
What You Can Do to Get More Strict Dog Car Safety Laws
To advocate for stricter dog car safety laws in California, individuals can take several steps to engage with and influence their community and lawmakers. First and foremost, educating oneself about the current laws and their limitations is crucial. While many are familiar with the basic principle that pets should be safely secured while on the road, the specifics of how this is best accomplished might not be clear. Leashing a pet in a moving vehicle, placing them in a mobile pet barrier, or securing them in a pet seatbelt harness are all options, but the safest method can vary depending on the situation.
Communicating with local legislators is another important way to push for stronger regulations. If an individual feels strongly about the issue, they can identify their local and state representatives and reach out directly via email, phone, or in person. Providing them with data and personal accounts about why this is an important issue for California is key in persuading them to take action . Another avenue for broader influence is writing to local newspapers and participating in online forums to bring awareness to the problem and encourage others to support change.
Community involvement is also an effective method. Finding local organizations focused on pet safety—whether rescues, wildlife protection agencies, or animal advocacy groups—can lead to greater mobilization and a larger collective voice. Attending community meetings and events not only raises awareness but also shows substantial community concern which can influence policymakers to prioritize establishing or enhancing regulations.
Finally, seeking out and supporting organizations that work toward animal safety and advocacy is always beneficial. Many such organizations work on the front lines and have a greater opportunity to see the effects of deficiencies in the current laws and can assist in providing concrete examples of the need for change.