# Does anyone know what the law is on dogs on public highways?



## wizoz (31 August 2007)

I have, over the last couple of years, had altercations with 2 women who hack out and take their dogs with them, off the leads.  Now, if it wasn't for the fact that I have come exceedingly close to death, when both dogs jumped out of the hedge behind my horse, on a public highway and made my horse bolt, on a single track road with a van hurtling towards me, 
	
	
		
		
	


	




 i'd probably say, it's ok!

But, because this happened, I was in an absolute rage, 
	
	
		
		
	


	








 having managed to stop the horse before we crashed head on into the van, I got off, lead the horse back up the road and had a huge slanging match with the women. Luckily one of them took note and now has the dog on the lead always but the other one, a right ignorant beeeaaatch, carries on willy nilly. 
	
	
		
		
	


	












  So yesterday, whilst I was walking through the village, I come round the corner to be faced with the bloody dog,off the lead AGAIN. 
	
	
		
		
	


	
















 Needless to say, it was a red rag to a bull and I told the woman that if she didn't put her bloody dog on the lead then I would call the police.

What I want to know is, am I right or wrong?????? 
	
	
		
		
	


	






(Sorry, long post)


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## sfward (31 August 2007)

Well I'm not sure about the law but I personally would think it's very stupid to take a dog out on a hack on a road if you can't control it. I've been having this dilemma about taking my lab out riding with me, he comes out round the farm and is fine, but I would be worried about him wandering all over the road, it's only a quiet single track lane or I wouldn't even consider it but some people do drive like idiots...
So would be interested to find out what the official line is on this too.
Also is it really a good idea to have a dog on a lead from a horse? What happened if the lead got tangled up or the dog got kicked or something?


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## Grumpy Herbert (31 August 2007)

Poor you, what a horrid situation.  I would imagine that the law states that the dog has to be under control, but I guess that doesn't necessarily mean on a lead?  Stupid woman, why do they have to take their dogs out with them anyway - too lazy to walk them later, probably!


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## Faithkat (31 August 2007)

It is an offence for a dog not to be on a lead in a public place and read this too (scroll down to dogs and public places):   http://www.defra.gov.uk/animalh/welfare/domestic/dogs.htm


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## wizoz (31 August 2007)

Great! Thanks for that, now I know that I am perfectly in my right to have a go at them. I will give her one more chance then I am going to complain to the police. It's not just me that has been affected, my mum was hacking out on her own and they did the same but luckily her horse just spooked a bit, thank god for him!


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## WishfulThinker (31 August 2007)

Maybe print off the legislation and give it to her, so u can say she has been warned


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## ecrozier (31 August 2007)

I take my dog out with me when I hack (because he loves it, not because I can't be bothered to walk him!) and not sure how you would have them on a lead?  
But if I see another horse/walker (pretty quiet round us!) I get off and put him on a lead, or for cyclists/cars he will come straight over if called and sit in front of the horse to keep out of the way.  I only go on one lane and it is a dead end single track with wide verges and good visibility.
It drives me MAD when people have out of control dogs off the lead, whether they are on foot or on a horse themselves.  My dog is terrified of other dogs, and will avoid them at all costs, but if they come charging over as 2 labs did the other day, he wil bark and growl, to protect himself and us.  Then people look at him as if we are the problem!  I want to point out to them that my dog is literally 5 yards from me, while theirs has just charged 100yards or more towards us, ignoring their shouts....and they think MY dog is out of control!?!?  But I can't because they are too far away to hear me! Grrr, sorry, rant over!
I would second the advise abouve about printing out the legislation, I might even do that for the owners of one or two regular dogs that I see around us!


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## foraday (31 August 2007)

On a public highway (ie road) the dog MUST be on a lead-its a £200 fine if not!  Not much of a fine but there is one!


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## Magicmillbrook (31 August 2007)

The law doesnt actualy state that it must be on a lead, but it must be under control - Most sensible people would agree that being under proper control is only acheivable on a lead (unless you have a ab fab dog), in any case the dog in question is not under proper control, other wise it would not have chased/ran out on to the highway.  Incidently the council I work for is considering taking action against a dog owner for not being in proper control of a dog when it was on a flexi-lead, however this case is an aggravated offence which ended up with an old lady being hopsitalized and needing extensive skin grafts!


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## OWLIE185 (31 August 2007)

The owner of a dog must control the dog at all times when on the public highway (This includes Public Rights of Way such as Public Footpaths, Public Bridleways, RUPPS, BOATS and White Lanes).

In the event of having problems you should contact both the police and the local authority dog warden (Contact details available from your District and County Councils)

The local authority can use the Environment Act as ammended to take action of nuisance dogs - this includes dogs on the owners property - say suddenly jumping at the boundary fence and barking which would cause a horse to shy or bolt).

In this weeks Horse and Hounds a dog owner has had to pay damages to a horse rider because the dog attacked the horse and the owner was unable to restrain it.  The horse has suffered physical and mental injury.

It is important that all horse and dog owners have third party/public liability cover up to £10,000,000 so check your policy as most only go up to £5,000,000.

Gold members of the British Horse Society get automatic cover up to £10,000,000

Peter Natt  BHS Bridleway Officer North Hertfordshire


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## Amymay (31 August 2007)

Did you go to the police when this happened (i.e the original incident?).

If not - go and report it.


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## wizoz (31 August 2007)

I kept telling myself I should go to the police but we both live in the same village, so if I just threaten her and she is a lot older than me and should know better anyway, but if I threaten her with the police, she may just stop being a complete ignorant beeeaaatch and do as she's asked/told? But I have now told myself that I will give her one more chance and then I will go straight to the authorities.

Thanks everyone for all your valuable comments.


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## Amymay (31 August 2007)

Well look at it this way, if you had been hit by the van then the police, fire service and ambulance service would have known.  Not to mention the funeral arrangers, the flower arrangers..................


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## oliviacharley (31 August 2007)

Not too sure about this one as highways are normally for anyone to use. I too have had problems with dogs off leads but most of the time the people around our way but them on leads and stand politely out of the way to let you get by. But they dont have to do this. Riding on a highway I believe means anyone can walk on there and do not have to have their dogs on leads. I know people are ignorant but they could argue that your horse is not safe and could put them and their dog in danger due to him spooking...not that, that is correct....neither of the situations are but I think you may have to be careful what you say when it comes to highways....


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## wizoz (31 August 2007)

[ QUOTE ]
Well look at it this way, if you had been hit by the van then the police, fire service and ambulance service would have known.  Not to mention the funeral arrangers, the flower arrangers.................. 

[/ QUOTE ]

Very true


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## wizoz (31 August 2007)

Forester has supplied a link, which if you read it, definately says that dogs should be "under control" i.e not jumping out of hedges and several hundred yards away from owners.

If a dog was trotting alongside a horse, it wouldn't bother me in the slightest. What I and others have experienced, is definately dogs NOT under control on a public highway.


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## Tia (31 August 2007)

Very true HB.

My horses are all used to riding out with my dogs.  My dogs zoom in and out of the forest, dash in front of us, root around in undergrowth all around us and chase partridges, pheasants, deer etc out of our path and clear the way for us coming through.  My horses don't bother in the slightest.


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## Tia (31 August 2007)

I guess it depends on how you interpret "Dangerous Dogs" - my interpretation is not of a dog jumping out of a hedge.


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## jinglejoys (31 August 2007)

There's someone on Muleskinners forum in America that just takes his gun with him to deal with loose dogs


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## Tia (31 August 2007)

Sounds like a good citizen.....


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## foraday (31 August 2007)

From the highway code regarding dogs on the public highways

42: Dogs. Do not let a dog out on the road on its own. Keep it on a short lead when walking on the pavement, road or path shared with cyclists.


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## wizoz (31 August 2007)

Good, that proves it once again, thank you


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## Tia (31 August 2007)

I don't believe the Highway Code is an authority though is it?  It offers advice which is not necessarily Law.


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## OWLIE185 (31 August 2007)

If you read my reply you would see that dogs must be kept under control at all times.  That is the law.
Even if the dog is on the owners property it can still be a nuisance and as stated above the local authorities can use the environment protection act (as ammended) to deal with the owner.


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## Tia (31 August 2007)

Well once again it depends on your interpretation of "nuisance dogs" and "kept under control" 
	
	
		
		
	


	




.   My dogs are always under control whilst out riding with me; they are well trained, come back the minute I call....but rooting around in the undergrowth or bouncing out of a hedge does not constitute "out of control" or being a "nuisance dog"; not in my book anyway LOL!

I'd love the poster to call the Police though - I wonder what they would do about it.


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## aimeerose (31 August 2007)

i hack out with my dog off the lead - and on country lanes i cycle with him off the lead too

i would be bl00dy angry if anyone was rude enough to give me an earful about my little woglet trotting along just infront/behind me doing no harm at all

No he isnt on a lead, but then he is also NOT out of control, loose, yes, uncontrolled, no!

if i see a car a yell 'IN' and he pops into the hedge and sits till its passed, then i say 'off you go' and off he toddles

if that makes me a bad irrisponsible owner, then i am - but i'm not going to change


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## wizoz (31 August 2007)

Ok Ok, to stop all the sniping and disagreeing, I have just rung the police for advice and I AM RIGHT.....you CANNOT have a dog(s) running loose on a public highway. If it can cause havoc to vehicles and pedestrians including riders, then it is classed as an offence and I have been told I have a perfect right to put a complaint in to the police.  Which I will do if it happens again.

Tia, you seem to have a big problem with it, i'm not suggesting for a minute you shouldn't ride out with your dogs, if in park land or your own land but if it is on a road used by other traffic users, it is an offence for the dog(s) not to be under control and if you're on a horse, how can you control it?


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## wizoz (31 August 2007)

And I wish these two women had control of their dogs like that, I wouldn't have written this post otherwise!


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## minerva (31 August 2007)

i used to take my dog out hacking on the quite lanes and she is very good and obedient, however one day whilst hacking i saw a dog dash out from a footpath, get hit by a car and die, the owner had only taken her eye of the dog for a matter of seconds, accidents can and do happen and all dogs can make that fatal decision to make chase after something more interesting-  my little dog is grounded to farm rides only now, I cant take that chance, if i am near a road shes on a lead - end of


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## Tia (31 August 2007)

Nope I don't have a big problem with anything LOL!!  I am merely saying that it all depends on the interpretation of the terms used.  A dog jumping out of a hedge does not constitute being a "nuisance dog" or a "dangerous dog" in my opinion.

I'm dying to find out the conclusion to all of this though.


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## wizoz (31 August 2007)

The conclusion is as my above post suggests, that in Britain, dogs should be kept under control on highways and that if they make a nuisance of themselves, i.e jumping out of the hedge onto the road, then chasing off down the road etc etc then it is classed as not being under control, therefore the police will, if prompted, charge the owner and also the dog warden can take the dog away.


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## Tia (31 August 2007)

Well good luck - hope it all works out well for you.


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## TGM (31 August 2007)

We had a problem locally where some new people moved in and had two large dogs in an unfenced garden, who then began chasing any passing horses, runners, walkers, cyclists etc down the road.  One neighbour contacted the police and the dog warden was alerted and went to visit the offending dog owners and warned them that their dogs could be taken away if they did not make efforts to control them.  Since that visit they have installed a freedom fence and the problem has been solved.

I hope your problem has a similar resolution - leaving aside the situation with your horse, if the dog can jump out in front of you it can jump out in front of a vehicle and be injured 
	
	
		
		
	


	




.  (PS:  I have no problem with people taking their dogs out without a lead as long as they know for sure that they can control them and keep them safe in all circumstances)


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## wizoz (31 August 2007)

[ QUOTE ]
 I have no problem with people taking their dogs out without a lead as long as they know for sure that they can control them and keep them safe in all circumstances) 

[/ QUOTE ]

Thank you for that, I too have no problems with them being off their leads as long as they're not menaces.  It's not really the dogs fault, it's the irresponsible owners.


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