Is it legal to drive with a dog in your lap? Here’s what California law says
A dog is a “man’s best friend,” or so the saying goes.
Furry companions ride with owners practically everywhere from the park, to family vacation and even to run errands. Whether your dog joins car rides in its own designated seat or in your lap as you drive, there are laws in place to ensure a dog’s safety in a moving vehicle.
Here’s what California Highway Patrol told us about state laws for a dog riding in its owner’s lap while driving.
Can dogs legally be in their owner’s laps while they drive?
Officer Ricardo Ortiz, spokesman for CHP, said the California Vehicle Code does not specifically address this issue.
“It could be argued that a dog or animal riding in the owner’s lap while they are operating a vehicle can be a hazard,” Ortiz said.
California Vehicle Code Section 22350 states no person can operate a vehicle on a highway at a speed greater than is reasonable or cautious due to visibility that might endanger the safety of persons or property.
When a dog is riding in the owner’s lap while the owner is driving, Ortiz said the animal can present a hazard with its unpredictable movements, behavior, visual obstruction and obstruction of the vehicle’s controls by the driver.
“It could be articulated that the safe speed of operating a motor vehicle with an animal in your lap is in fact zero miles per hour,” Ortiz said. “Ultimately making a case for the driver of that vehicle to be in violation of the basic speed law.”
Can you receive a citation for driving with your dog in your lap?
Ortiz said he personally has cited a violation for distracted driving due to a dog being on their owner’s lap.
“Distracted driving is considered anything that diverts a driver’s attention from the roadway ahead or the safe operation of the vehicle,” Ortiz said.
Is it safe for your dog to ride in your lap while driving?
The vehicle’s safety equipment including air bags and seat belts are not designed to function with an animal in the lap of a driver. If a collision were to occur, Ortiz said this can cause a significant hazard to the animal and others in the vehicle.
While the vehicle code does not specify safety methods for the transportation of animals within a vehicle, California Vehicle Code Section 23117 does regulate how to secure an animal if it is riding in the back of a vehicle.
The section states that “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 vehicle has side and tail racks to a height of at least 46 inches
- The vehicle has installed means of preventing the animal from being thrown out
- The animal is tethered
- The animal is protected by a secured container or cage, which will prevent them from being thrown, falling or jumping from the vehicle
This vehicle code does not apply to the transportation of:
- Livestock
- A dog whose owner either owns or is employed by a ranching or farming operation who is traveling in a rural area or who is traveling to and from a livestock auction
- A dog for purposes associated with ranching or farming
This story was originally published August 9, 2023 at 5:00 AM with the headline "Is it legal to drive with a dog in your lap? Here’s what California law says."
