Pet penalty - Motorists can be charged while carrying animals

Sheldon Williams, Gleaner Writer

Among some Jamaican road users, it is commonplace to display dogs such as shih-tzus and poodles at the windows of moving automobiles. However, to have pets protruding in that manner is a traffic offence and so too is driving with an animal in the motorist's lap. In addition, it is also unlawful to leave animals unsupervised in parked vehicles.

SSP Radcliffe Lewis, head of The Jamaica Constabulary Force (JCF) Traffic Division, told Automotives that parading pets in moving automobiles could be hazardous to the animals and road users alike.

"When you drive with a dog in your lap, that's a clear indication that you are not in control of your vehicle because, if anything [happens] and the dog should attempt to bite anybody or to jump, you're going to lose control of the vehicle by attempting to grab on to the dog, especially if it is those like the poodle that people love," Lewis said. "You can be charged for not having proper control of your vehicle while it is in motion and for careless driving. You can also be charged with driving without due care and attention."

The senior cop also advised that motorists should take the legally prescribed steps when transporting their pets to ensure safety for all parties. "They should transport the animals in a caged vehicle and, if it is totally impossible, they should transport the dogs in a cage. Probably, it (the pet) can be transported in a little cage on the back seat, especially if the dogs are small," he said.

"When you stop, you can play with your dog and love up your dog, but the dog must not be allowed to roam in the vehicle."

However, despite the illegality of the practice, Lewis admitted that whenever pet owners are found in breach, cops prefer to warn them rather than prosecute immediately.

"We try to warn people all the while and sometimes they say they didn't know they could have been charged, because what happens is that these people are being warned and no action is being taken so they continue to do it, but as soon as we start to take action, they will stop," he said.

"It is a dangerous practice because some of these little dogs are vicious, because one nearly bit me once out of a car."

CRUELTY CHARGE

At the same time, the senior cop advised that motorists could be charged with cruelty to an animal for leaving their pets unattended in parked vehicles to endure uncomfortable conditions. However, he did admit that there is a grey area as it relates to that offence.

"The only thing that you could charge such a person with is cruelty to an animal and I don't know if it will hold water, but nothing beats a trial but a failure. The best we can do is charge them and take them before the court and if the court lets them go, surely next time, they won't try it," he explained.

The senior cop also took the opportunity to highlight the proper procedure for transporting guard dogs.

"You have to look at guard dogs too. Some companies carry the dogs without muzzle. So that's another case again. Guard dogs that are being transported must not be transported in open vehicles. The vehicles must be caged. The vehicle must also be caged, so that dogs are not able to push their mouths and noses through the cage," he instructed.

Meanwhile, Pamela Lawson, managing director of Jamaica Society for the Prevention of
Cruelty to Animals (JSCPA), emphasised that the improper transportation
of and neglect of animals in automobiles is one of her pet peeves. "I've
seen it (neglect). I've stood up next to a car with an animal inside
and the car was turned off. I could not touch the car because it was
private property, but I stood next to the car," she
said.

"Luckily, the owner wasn't that long (in
returning). But still, do you know what it's like to be locked up in a
car for 15 to 20 minutes or half hour with no air-conditioning? The
windows were cracked (as in rolled down a bit), but do you know what
it's like?" she demanded.

Lawson related an incident
she witnessed following the release of a dog from the JSPCA back to its
owner.

"One day I wanted to put a gentleman in his car
trunk and drive him back to Spanish Town, but I would have been charged
for that. But he was going to put his dog that just received treatment
in the car trunk in the middle of the hot day and drive back to Spanish
Town," she said.

"People just don't think. You
wouldn't do it to yourself or another human being, so why do you want to
do it to an animal?" Lawson asked.

Lawson advised
that the proper method of transporting animals is in pet carriers. Those
are available islandwide in pet stores, or persons can use other
improvised methods that promote safety.

"There are
proper carriers that you put your animals in if you need to transport
it. Lots of places sell them, so they're available. Put them in a
carrier. It's safer for the animal and pedestrians and other road users
and yourself, or you can always have someone in the back seat holding
the animals in place," Lawson said.

"I would put my
dog in the car and put a shower curtain in there or newspaper or an old
sheet or blanket on the back seat. Usually, I put them on the floor in
the front. I'm not being unreasonable. I'm not going to ask people to
damage their vehicle."

Lawson said motorists who
expose their pets to danger while driving should be
charged.

"I think they should be charged. I do believe
they should be charged. I consider that dangerous to you and me.
Unfortunately, all the time it tends to be women who do it," she
said.

"When you have an animal running across the
front of the car I do not see why an officer won't charge you, because
you cannot possibly be legally competent to control the vehicle. That's
my opinion, of course, but I don't see how you can be competent if the
dog is jumping in your lap and jumping up and down in front of you. You
couldn't do that in the US or the UK," Lawson
remarked.