Most Australian dog owners have driven with their pet in the car, not knowing that they could face hundreds of dollars in fines depending on where the dog sits.

Laws around the country require dogs to be safely restrained by a harness or enclosure when travelling in the back of a ute or trailer.

There are also state and territory laws that dictate exactly where inside a vehicle your dog is allowed to sit.

In some states, like NSW, it’s perfectly legal to put your pooch in the passenger seat provided they won’t distract the driver but in Western Australia, it’s against the law.

And driving with a dog in your lap could cop you a fine of $228 or $562, depending on where you’re caught.

Here are all the Australian laws and road rules about driving with dogs, by state and territory.

It’s illegal to drive with a dog on your lap in NSW and those caught breaking the rules face a $562 fine and three demerit points.

There’s no law prohibiting a dog from sitting in the passenger seat, however drivers can still cop penalties if this prevents them from maintaining proper control of their vehicle.

A fine of $562 and three demerit points applies.

Dogs transported on the back of a vehicle like a ute must be restrained for their safety under NSW animal welfare legislation.

There’s no legal requirement for dogs to be restrained inside a car while driving, however Transport for NSW does recommend drivers use appropriate restraints or harnesses to keep the dog and everyone else safe.

“A driver must not transport a dog in a vehicle if any part of their body, other than their head, can protrude outside the vehicle,” a Queensland Transport and Main Roads spokesperson told 9news.com.au.

It is illegal to drive with a dog in your lap in the Sunshine State.

Those who break the rules could cop a $389 fine.

Animal protection legislation covers other laws relating to transporting dogs, like requiring any dog transported in the tray of a ute or trailer to be safely secured.

The maximum court-imposed penalty is up to $10,014.

Australian Capital Territory

In the ACT, it is illegal to have an unrestrained dog in a moving vehicle.

Dogs must be restrained by a harness or leash, or placed in an enclosure that prevents it from moving around or off the vehicle, or being injured.

Failure to comply attracts a fine of up to $3200.

It is also illegal to confine a dog in or on a vehicle if it is likely to cause the dog injury, pain, stress or death.

Under the Prevention of Cruelty to Animals (POCTA) Act and Regulations, it is illegal to transport a dog on the back of ute or trailer unless it is appropriately tethered or caged.

It is also illegal to put a dog in the metal tray of a ute or trailer when the temperature is at or above 28 degrees Celsius unless the dog has access to an area of insulating material to protect it from the hotel metal surface.

The maximum penalty is more than $3050.

Dogs can legally be transported in the cabin of a car or in the back of a wagon or SUV type vehicle, but cannot be put in the boot of a sedan.

The fine for breaking that rule can exceed $3000.

“To keep everyone safe whilst driving, pets travelling in a vehicle must be securely and comfortably restrained inside the vehicle or secured on the back of an open ute tray,” SA Police Officer in Charge of Traffic Services Branch, Superintendent Shane Johnson told 9news.com.au.

Driving with an animal in your lap or riding a motorbike with a dog between you and the handlebars in South Australia incurs a fine of $228.

Dogs travelling on an open ute tray must be tethered to the vehicle so they cannot fall or escape.

Failure to do so incurs a maximum penalty of $1250.

Leading an animal while driving incurs a fine of $129.

Under the Animal Welfare Act 2002, administered by RSPCA WA, dogs must be transported in a way that prevents unnecessary harm.

Generally, this means they should be restrained.

Drivers may face fines of up to $5000 and jail time if their dog is injured while unrestrained in a vehicle.

It is also against the law for drivers to have a dog in their lap, the passenger seat, or another location or position that may lead to the driver being distracted.

Motorcyclists cannot ride with a dog between them and the handlebars, or in a position where they can interfere with the rider’s ability to control the bike.

Dogs being transported on the open back of a vehicle like a ute must also be restrained under WA law.

Though there is no specific law mandating pet restraints while driving in the NT, you must not drive with a dog on your lap or in a way that compromises your control of the vehicle.

Doing so may constitute careless driving, which can incur a $150 fine plus a $58 victims levy.

It is illegal to transport an unsecured dog on the back of a ute under the Animal Protection Act 2018.

The maximum penalty is 50 penalty units ($9450).

In Tasmania, it is illegal to drive a vehicle with an animal in the driver’s lap per the Road Rules 2019.

Fines of up to 10 penalty units ($2050) apply.

The Dog Control Act 2000 also requires that dogs must be sufficiently restrained while in or on a vehicle, with fines of up to five penalty units ($1025) for failure to comply.

Under Tasmania’s Animal Welfare Act 1993, it is also illegal to drive with a dog in any way “that subjects or may subject it to unreasonable and unjustifiable pain or suffering”.