Upper Austria: No Exceptions for Service Dogs in Suitability for Everyday Life Test

No special treatment for a service dog, this is how the reasoning of the Regional Administrative Court (LVwG) Upper Austria can be summed up as to why it rejected the complaint against a military dog handler. She had contested the decision of the municipality of Stadl-Paura (as the competent authority) because it classified the Rottweiler as conspicuous since the legally required suitability for everyday life test was not completed.

No Exceptions for Military Dogs

Since the animal is also "kept integrated in the off-duty living area," the state law applies in the private sector, the LVwG decided. And the Upper Austrian Dog Keeping Act of 2024 does not provide "any fundamental exceptions concerning military dogs (or police dogs)," it was stated in a release on Thursday.

Since the Rottweiler is classified as a "large dog," "for which the positive suitability for everyday life test must be presented within six months of the mandatory registration in a municipality," the military dog handler should have complied with this provision. Since this did not happen, the mayor had to "officially determine the conspicuousness, which is associated with the leash and muzzle obligation in public places as well as further proof obligations."

Military Training Does Not Mean Suitability for Everyday Life

The complainant did not want to accept this. On the one hand, she argued that as a military dog handler, the animal was only entrusted to her by the army, so the keeping of a military dog is a federal matter. Therefore, the state law does not apply. On the other hand, she emphasized that the regular training and checks required for service "significantly exceed" the requirements of the Upper Austrian Dog Keeping Act.

The court also rejected the complaint with the argument that the professional training in the army aims to enable the dog to "perform guard duty as a military organ." However, the suitability for everyday life test focuses on "the conflict-free handling of a dog in everyday situations." An appeal against the rejection of the complaint is permissible.

(APA/Red)

This article has been automatically translated, read the original article here.