Can I walk a banned breed? (XL American Bully ban 2024)

can i walk a banned breed?

It would appear as though the XL American bully breed is in the UK news more often than it’s been out this year (2023) and it’s resurfaced some questions about current banned breeds and whether we, as professional dog walkers, are legally able to walk them if asked. Can I walk a banned breed?

You’re probably wondering are you insured? Where can I walk them? What happened when they banned pitbulls? Let’s take a look at the facts as they currently stand so that you can make an informed choice when the time comes.

What are the current banned breeds?

In the UK it is against the law to own the following breeds of dogs without an exemption certificate;

  • Pit Bull Terrier
  • Japanese Tosa
  • Dogo Argentino
  • Fila Brasileiro

If you have been to court and been awarded a certificate of exemption there are further guidelines that you must comply with in order to keep your dog.

Your dogs must be:

  • neutered
  • microchipped
  • kept on a lead at all times when in public
  • muzzled at all times when in public
  • kept in a secure place so it cannot escape

As the owner, you must:

  • take out insurance against your dog injuring other people
  • be aged over 16
  • show the Certificate of Exemption when asked by a police officer or council dog warden, either at the time or within 5 days
  • let the Index of Exempt Dogs know if you change address, or your dog dies

Number of exempted dogs 2015

exempt

Number of exempted dogs 2023

exempt2

Does my insurance cover banned breeds?

If you check all the small print in the terms and conditions of your insurance it’s highly likely that you’ll find a clause that states that they do not cover you for walking any dog breed banned under the dangerous dogs act, whether they have a certificate of exemption or not.

If the dog isn’t covered by your business insurance then you’re not insured whilst in charge of the dog either. This means that you won’t be insured if;

You accidentally break something in the owner’s home

The dog injures someone on a walk

The dog damages something in your vehicle or an item that belongs to a member of the public

The dog injures you or a staff member

or any of the other reasons we all take out insurance.

UPDATE; 7th November 2023 PBI (pet business insurance) will cover dog walkers who walk xl bully’s with an exemption certificate as long as they adhere to all the conditions (muzzled, on lead etc.) and walk 1 to 1 solo walks only. The walker must be able to produce a copy of the certificate if asked so make sure you ask the owner for one. Cliverton insurance asks you to call them to check. Protectivity insurance has said they won’t cover banned breeds.

Would I be covered by the owner’s insurance?

Owners are presently only required to have third party liability insurance to satisfy the exemption guidelines. This third party insurance would need to be checked but because you would be someone hired by the owner it’s unlikely to cover you.

The dogs trust membership insurance for example clearly states that the insurance covers the dog, not owner, so any friends or family looking after the dog would have the benefit of this third party insurance. It does not however, state that the cover would be in place if the dog was being looked after by a paid professional such as a walker, groomer or daycare facility.

What happened when they banned pitbulls?

In the UK you needed a dog licence to own a dog right up until 1987 when they were scrapped (interestingly they only cost 37p in 1987 and only half of dog owners bothered to get one) so this was not an option to track and monitor the dog population.

So pitbulls were banned in 1991 under the dangerous dog legislation following an increased number of fatal attacks (15 between 1981 and 1991), much like the current situation with the XL bully, pitbulls were included on the list of 4 banned breeds included in that legislation.

Under John Major’s Conservative government, these four breeds were classed as ‘bred for fighting’ and consequently banned.

When the dangerous dogs act was introduced, owners at the time in 1991 were given a brief period to register their dogs, have them identified as a banned breed and tattooed as such, neutered, muzzled in public, insured and never handled by anyone under the age of 16.

What are the guidelines for the XL bully?

UPDATE 31st October 2023; Official guidelines released regarding the identification of an XL bully; https://www.gov.uk/government/publications/official-definition-of-an-xl-bully-dog/official-definition-of-an-xl-bully-dog

Registration with a vet who confirms the breed based on physical characteristics (height/weight/head shape etc. similar to how they determine whether your dog is a pitbull).

Microchipping rather than tattooing and the same banned breed rules of being neutered, muzzled in public and insured.

And a fee paid for the certificate of exemption, currently £92.40 (June 2024).

Even if I can legally walk an XL bully, should I?

That is a decision that should be entirely yours but here are some things that I feel you might want to consider before making your decision.

The Media

No matter what your own opinion is of the current situation, there’s no denying that the media is going to create a debate around the issue which is likely to cause people to have strong opinions on the subject.

This will, in turn, lead your clients and the public to be more aware of certain breeds and judge those who own them, or walk them. Not everyone will recognise you as being a dog walker, especially if you only have one or two dogs with you on a walk, and they will assume you to be the owner.

Your Clients

Don’t be surprised if some of your clients ask what breeds their dog is walked with. I’ve had clients in the past who have asked that their dogs are not walked with certain breeds in the group.

The current, heightened awareness around bully breeds is likely to make your more anxious owners more so and they may make requests out of nervousness.

As always, we can decide if we’re able, as a business, to accommodate these requests just like any other.

The Public

As previously mentioned, the public won’t always identify you as being a dog walker and may assume the dogs being walked are your own.

With such a negative perspective being presented by the media and the government, it’s reasonable to assume that some of the general public will attach that negative perception onto you, the walker.

I’m sure many of you walk breeds already where people will make assumptions and lead their own dogs away from you, cross the road etc. so this will be nothing new to you.

The Effect on Your Business

Like will always attract like. I walked a lot of cockerpoos in my business because owners saw me with cockerpoos. Those of you with just small dogs on your books are likely to attract the owners of small dogs to use your services.

Being seen to walk a banned breed is likely to attract other owners to use your services. If you want it to be, then this could be a huge opportunity to increase your client base. But if you prefer to walk the small and fluffies, then being seen to walk a muzzled bully breed might damage your business.

Can I walk a banned breed?

TLDR: Yes, as long as you stick to the same rules that the owner has to and have the dog muzzled and on a lead in public, however, you will not be covered by your business insurance and unlikely to be covered by the owner’s insurance so it will be a risk to do so but not illegal.

*The information in the article is correct as of October 2023 and any updates will be noted here in the future.

UPDATE 31st October 2023;

Official guidelines released regarding the identification of an XL bully; https://www.gov.uk/government/publications/official-definition-of-an-xl-bully-dog/official-definition-of-an-xl-bully-dog

UPDATE 31 December 2023

New restrictions on the XL Bully dogs are now in force (31 December) making it a legal requirement for all XL Bully dogs to be kept on a lead and muzzled when in public. It is also illegal to breed, sell, advertise, gift, exchange, abandon or let XL Bully dogs stray from today. https://www.gov.uk/government/news/new-legal-restrictions-on-xl-bully-dog-now-in-force

UPDATE 3rd January 2024

Confirmed insurers who will cover your business if you walk an XL bully with an exemption certificate and walked under the same strict rules (one to one, muzzled, on lead) are; PBI and Cliverton but not Protectivity.

UPDATE 18th January 2024 – Scotland

The Scottish government confirmed today that it will also ban the XL bully breed in line with measures brought into England and Wales. Confirmation of the exact date will follow.

UPDATE: 31st January 2024 – Scotland

New restrictions on XL bully dogs have been confirmed as starting from 23rd February 2024 in Scotland.

It will be legal to own one but they must be muzzled and on a lead in public from that date. Selling or exchanging them will be banned.

From 31st July 2024 it will be an offence to own an XL bully without an exemption certificate.

The regulations mirror those in England and Wales but certificates will be required there from Thursday.

UPDATE: 7th March 2024 – Scotland

An agreement has been made to extend the age at which XL bully puppies legally need to be neutered by from 12 months to 18 months. See the full statement here; British Veterinary Association

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