Recently, I received this picture from a concerned pet owner. The caption, "Is this illegal??" is a great question. Sadly, the answer depends on which state you live in. The truth is that there are no federal laws which dictate how dogs and cats should be transported by vehicle; there is no single law that all drivers must follow. Instead, it is left up to each state to create and enact legislation and to our law enforcement officers to interpret and enforce it.
At this time, no US state has adopted a law which requires that all dogs and cats must be properly restrained inside of a vehicle. To date, only 6 US states have laws that directly address safe transportation of a dog in an open truck bed. Most other states, 16 in all, have no laws at all. So, what is illegal in one state, may per permissible in another.
Going back to the picture above, if you witnessed this scene in Massachusetts, the driver could be cited for animal cruelty. This is because the tethered dog could potentially fall out of the back of the truck and be dragged to his death. If this driver was in South Dakota or New Mexico, however, transporting a dog in this way would be legally permissible. This can be incredibly confusing when crossing state lines. Imagine that you are driving across the United States. You could potentially go from breaking the law to not breaking the law several times depending on how you were transporting your pet.
You might wonder how each state can have such differing views on this subject. I believe that most states think that dogs and cats are protected by existing animal cruelty or distracted driving laws. But whether or not a driver is distracted, or, a pet is endangered, is somewhat subjective when left to the law enforcement officer to determine. When law becomes subjective, it also potentially becomes ineffective.
This is why there should be clear cut legislation that dictates safe and secure transportation of dogs and cats. This legislation would not only protect your dog or cat, but it would protect you, the occupants in your vehicle and other drivers on the road. Do you know if your state has a law regarding dog and cat transportation safety? For a list of all US states, click here.
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