Animals in Taxis: Can a Taxi Driver Refuse to Transport Dogs, Cats, or Other Animals?

If one wants to be transported to a specific place by taxi, this is generally possible without any problems. All you have to do is call a taxi. The taxi driver is also basically obligated to transport a passenger in accordance with § 13 BOKraft (Regulation on the Operation of Motor Vehicle Companies in Passenger Transport).

If he violates this duty, he commits an administrative offense according to § 61 para. 1 no. 3c PBefG (Passenger Transport Act) and faces a fine of up to 300 EUR (District Court Hamburg, Judgment of 25.01.2014, Case No. 234 OWi 162/13).

But what if you have an animal with you? Is the taxi driver obligated to transport, for example, a dog, or can he rather decline this? The taxi driver might argue, for instance, that the dog makes the passenger compartment dirty or there is simply no room for it.

Can a taxi driver refuse to transport dogs, cats, or other animals?

If a passenger is accompanied by an animal, the obligation to transport generally extends to the animal as well (see Amtsgericht Hamburg, Judgment of 28.01.2014, Case No. 234 OWi 163/13). Therefore, a taxi driver may not generally refuse to transport the animal.

This is only different if the animal's presence endangers the safety and order of the taxi operation (see § 15 BOKraft). This can especially be the case if the animal compromises driving safety. In such a case, the refusal to transport is justified.

Refusal of Transport Due to Impairment of Driving Safety

A risk to the safety and order of the taxi operation can be assumed if the taxi driver, for example, reacts allergically to the animal and thus can no longer safely operate the vehicle (cf. Bavarian Supreme Regional Court, Decision of June 26, 1985, Az. 3 Ob OWi 58/85).

However, fear of the animal can also impair concentration while driving and therefore exclude transport. This was assumed, for example, with a German Shepherd, which due to its appearance alone, can intimidate and unsettle other people (Higher Regional Court of Hamm, Decision of March 5, 1992, Az. 3 Ss OWi 61/92).

For safety reasons, an animal may not be transported on the seats. Instead, the animal must be placed in the footwell. If this is not possible, the taxi driver can refuse transport (cf. Higher Regional Court of Düsseldorf, Decision of January 28, 2004, Az. IV-5 Ss (OWi) 221/03 - (OWi) 6/04 I).