Can a Car Be Towed With a Pet Inside in NSW? A Comprehensive Guide

When it comes to road mishaps, car breakdowns, or parking violations, the stress of having your vehicle towed is often significant. But what if you have a pet inside the car? For many pet owners, the idea of their beloved animal being left in a towed vehicle is worrying and distressing. This blog will delve into the rules and best practices surrounding the towing of cars with pets inside in Sydney New South Wales (NSW), Australia.

The Rise of Pet-Friendly Transportation

Australia is a nation of animal lovers, with pets playing an integral role in the lives of many families. Whether it’s a dog, cat, or even a more exotic pet, animals are frequently transported in vehicles for trips to the vet, park, or even on vacations. With this rise in pet-friendly transportation comes an increased need for awareness around laws and regulations, particularly in situations where your vehicle may be towed.

Towing A Car With Dog Inside

The Legal Perspective: Towing a Car with a Pet Inside

In NSW, the regulations governing vehicle towing are clear but nuanced, especially when it comes to pets. According to the Road Transport Act 2013, towing companies have the legal right to tow a vehicle that is unlawfully parked or involved in an accident. However, the law also emphasizes the need to ensure the safety and welfare of any living beings inside the vehicle, including pets.

What the Law Says

The Companion Animals Act 1998 (NSW) and the Prevention of Cruelty to Animals Act 1979 (NSW) both underscore the responsibility of individuals to ensure the welfare of animals under their care. Leaving a pet unattended in a towed vehicle could potentially breach these laws, especially if the pet is at risk of distress, injury, or death due to heat, cold, or lack of ventilation.

Practical Implications

Practically speaking, most towing companies in NSW are aware of these laws and are trained to check for any occupants, including pets, before towing a vehicle. If a pet is found inside, the tow truck driver is generally required to contact the owner or the local authorities to ensure the animal’s safety.

What Happens if Your Car is Towed with a Pet Inside?

Despite best efforts, there are instances where a car may be towed with a pet inside. Understanding what happens in such scenarios can help alleviate some of the anxiety that comes with it.

Immediate Actions Taken by the Tow Truck Driver

1. Inspection of the Vehicle: Tow truck drivers are trained to inspect the vehicle before towing. If they notice a pet inside, they are generally expected to inform the local authorities, such as the police or animal control, before proceeding.
2. Notifying the Owner: If the pet is discovered after the vehicle has been towed, the tow truck company will typically attempt to contact the owner immediately. This is especially true if the vehicle is being towed from a known location like a residential street or a shopping center.
3. Taking the Pet to a Safe Location: In some cases, the tow truck driver may be required to take the pet to a nearby vet, animal shelter, or leave the vehicle at a nearby safe location where the pet can be easily retrieved.

Legal Recourse for Pet Owners

If your car is towed with a pet inside and the pet suffers harm as a result, you may have legal recourse under the Prevention of Cruelty to Animals Act. However, these cases can be complex, and it’s essential to consult with a legal expert who specializes in animal law to understand your rights and the best course of action.

How to Prevent Your Car From Being Towed with a Pet Inside

Prevention is always better than cure, especially when it comes to the safety and wellbeing of your pet. Here are some practical tips to avoid your car being towed with a pet inside:

1. Always Park Legally

One of the simplest ways to avoid having your car towed is to ensure you’re always parked in a legal and safe location. This is especially crucial when you have a pet in the car. Double-check parking signs and restrictions before leaving your vehicle.

2. Never Leave Your Pet Unattended

Even if you believe you’ll only be gone for a few minutes, it’s risky to leave your pet unattended in a car. Not only does it increase the likelihood of your car being towed if parked illegally, but it can also pose serious health risks to your pet, especially on hot days.

3. Use Pet-Friendly Alternatives

If you need to run errands or go somewhere where pets aren’t allowed, consider using pet-friendly alternatives. Many shopping centers, for example, offer pet-sitting services. Alternatively, you could leave your pet at home or with a trusted

friend or pet sitter.

4. Utilize GPS and Towing Alerts

Modern technology offers a range of solutions that can help you monitor your vehicle and pet. Some GPS devices can alert you if your car is being moved or towed. Additionally, certain towing companies offer alert services that notify you when your vehicle is being towed, allowing you to intervene quickly.

5. Educate Yourself on Local Laws and Towing Procedures

Familiarizing yourself with the local towing laws in NSW can help you take proactive measures. Understanding your rights and the procedures followed by towing companies can prepare you for any potential situations where your car might be towed with a pet inside.

What to Do If Your Car Is Towed with a Pet Inside: Step-by-Step Guide

If the unfortunate happens and your car is towed with your pet inside, here’s a step-by-step guide to ensure the safety of your pet and to retrieve them as quickly as possible.

Step 1: Remain Calm and Act Quickly

The first and most important step is to remain calm. Acting quickly and rationally will help you get your pet back safely. Panic can lead to poor decision-making, so take a deep breath and focus on the steps ahead.

Step 2: Contact the Towing Company Immediately

As soon as you realize your car has been towed with your pet inside, contact the towing company responsible for the tow. The sooner you inform them, the quicker they can take action to ensure your pet’s safety. Provide them with your car’s make, model, license plate number, and the location from which it was towed.

Step 3: Inform Local Authorities

If you cannot reach the towing company or are unsure which company to contact, inform the local police. They can help you locate your vehicle and ensure that your pet is safe. In NSW, towing companies are required to notify the police when they tow a vehicle, so the authorities should have relevant information.

Step 4: Retrieve Your Vehicle and Pet

Once you’ve located your car, make arrangements to retrieve your vehicle and your pet as soon as possible. Towing yards may charge fees for the retrieval, so be prepared for this. More importantly, ensure that your pet is safe and healthy once you regain access to your vehicle.

Step 5: Seek Veterinary Care If Necessary

If your pet shows any signs of distress, illness, or injury after being towed, seek veterinary care immediately. Heatstroke, dehydration, or anxiety can occur in pets that have been left in a towed vehicle, especially if the car was exposed to extreme temperatures.

Step 6: Consider Legal Action If Necessary

If your pet suffered harm due to negligence by the towing company, you might want to explore legal action. Document everything, including communication with the towing company and any veterinary reports, as this will be crucial if you decide to pursue a legal case.

FAQs

1. Is it illegal to leave a pet in a car in NSW?

Yes, under the Prevention of Cruelty to Animals Act 1979 (NSW), it is illegal to leave a pet in a car if the animal is at risk of suffering distress or injury, especially due to heat. Penalties for leaving a pet in a hot car can include fines and imprisonment.

2. What should I do if I see a car being towed with a pet inside?

If you witness a car being towed with a pet inside, immediately contact the towing company or local authorities. Provide them with the car’s details and the location. Acting quickly can help ensure the pet’s safety.

3. Can I be fined if my car is towed with a pet inside?

If your car is towed for parking violations or other reasons, you may be fined for the infraction. However, if your pet is inside the car and suffers harm, you could face additional penalties under animal welfare laws.

4. Are tow truck drivers required to check for pets before towing?

While there is no specific law mandating that tow truck drivers check for pets, they are generally trained to inspect vehicles for any occupants, including animals, before towing. This is to ensure the safety of all living beings.

5. Can I sue a towing company if my pet is harmed during a tow?

Yes, if your pet is harmed due to the negligence of a towing company, you may have grounds for legal action. It is advisable to consult with an attorney who specializes in animal law to explore your options.

6. How can I prevent my car from being towed with my pet inside?

Always park legally, never leave your pet unattended in the car, and consider using pet-friendly alternatives if you need to leave your vehicle. Utilizing GPS and towing alerts can also help you monitor your vehicle.

Finally, Prioritize Your Pet’s Safety

In conclusion, while the laws in NSW provide some protections for pets in vehicles, it is ultimately up to pet owners to ensure their animals’ safety. By taking preventive measures, staying informed about local regulations, and knowing what to do in case your car is towed with a pet inside, you can protect your beloved pet from harm. Remember, your pet’s safety and well-being should always be a top priority.