(Apple Valley) – Many dogs love car rides almost as much as ear scratches and belly rubs. And why wouldn’t they? If your Fido or Princess is like my Naomi, he or she knows they just might get an ice cream cone on a hot summer day or a McDouble during a ride on a dark wintery night. What dog wouldn’t prefer to spend time with his pack of humans than be locked up in a crate or alone in the back yard?
Certain breeds, such as Boxers, are natural travelers. Once settled down, they will snore even a long road trip away. Others want to see all the sights along the way, hoping they might get an extra pat from an adoring stranger during a rest stop. Traveling with a dog can be a fun adventure for human and canine alike.
Not all humans, however, know the rules of the road when taking Fido along. There is nothing more unnerving for other drivers than to have to watch as a scared or inquisitive dog leans over the side of a moving truck, in some cases trying to find the courage to jump out onto the roadway.
In other instances, such as if the driver is involved in a traffic accident or even just makes a sudden stop, an unsecured dog can be thrown from the bed of a truck into oncoming traffic, more often than not with tragic results for the dog and, in some cases, for the occupants of other vehicles. Liability issues aside, it can be a dangerous, deadly, and costly mistake. It is also against the law in California and several other states.
California Vehicle Code section 23117 reads: “No person driving a motor vehicle shall transport any animal in the back of the vehicle in a space intended for any load on the vehicle on a highway unless the space is enclosed or has side and tail racks to a height of at least 46 inches extending vertically from the floor, the vehicle has installed means of preventing the animal from being discharged, or the animal is cross tethered to the vehicle, or is protected by a secured container or cage in a manner which will prevent the animal from being thrown, falling, or jumping from the vehicle.” (The section doesn’t apply to transportation of livestock or a dog whose owner either owns or is employed by a ranching or farming operation….or purposes associated with ranching or farming)
The penalties for violation of section 23117 are classified as infractions punishable by not less than $50 or more than $100 for a first offense; A second offense occurring within one year of a prior infraction conviction results in a fine from $75 to $200, and a third infraction resulting in a convictions within one year of two or more prior infractions is a fine of $100 to $250.
Despite it being against the law, many dog owners still allow their animals to ride unsecured in the back of pickup trucks, such as the two pictured above. According to Gina Schwin-Whiteside, who oversees the Animal Services Department in the town of Apple Valley where this photo was taken late last month, responded to our inquiry about enforcement of the law. She stated, “Town of Apple Valley Animal Control Officers are not empowered to make vehicle stops. The ACO would follow the vehicle (depending on pending priority calls) and document the license plate number, a description of the driver, vehicle and location/time observed. Photographs would also be taken, if it could be done in a safe manner. ACO’s frequently contact and are assisted by the Sheriff’s Department on cases that require vehicle stops or police back-up. The availability of a Sheriff’s Deputy would depend on their pending priority calls. If a deputy was not immediately available, the ACO would continue the investigation by contacting the identified party at home or when he/she has stopped the vehicle.”
When asked what a citizen should do who witnesses an unrestrained animal in the back of a moving vehicle, she suggested, “Store your local Animal Control phone number in your cell phone and report observed violations as soon as possible. Provide as much detail as you can on the vehicle, driver, animals, location and direction of travel. If a citizen is willing to get involved, a third party citation can be issued. Infractions require that the violation be committed in the presence of the officer.”
Since most of San Bernardino County where such offenses would take place is unincoporated, Brian Cronin, Division Chief for the county’s Animal Care and Control Division, was asked the same questions. His response suggests the same offense in the county area may yield a less proactive approach. “The Officer is to not motion or attempt to make contact with the driver while the vehicle is moving. If the vehicle stops on its own accord the Officer that observed the violation may make contact with the driver to ascertain the facts of the situation, at that time a citation could be written by the Officer that observed the violation. Animal Control Officers are not authorized to pull-over or stop vehicles that may be committing a vehicle code offense,” Cronin wrote.
Cronin also suggested calling law enforcement if a citizens witnesses such an occurrence. A request for the San Bernardino County Sheriff’s Department, which is responsible for all county roads as well as serving as the contract law enforcement agency for the town of Apple Valley, went unanswered.
The bottom line is that as much as Fido may love running around the back of your moving pickup truck, it is against the law. Let him ride in the cab with you, place him in a crate, or at least tether him legally. Better yet, leave him home if he can’t be safely transported. It could save you a lot of grief and expense and others a lot of pain and heartache.
If you have an animal welfare story you would like to see here, please contact me at iepolitics2010@gmail.com or on Facebook.
Comments