How is tailgating legal




















Get help. Home Cars Understanding Tailgating. Tailgating is the act of driving to the vehicle in front on the front, at a given distance which does not guarantee that the car can stop to avoid collision if necessary. Nearly one third of rear-end collisions are the result of a person tailgating.

In many jurisdictions, tailgating is illegal and is punishable by a fine. However, because of its vagueness within the law, tailgating laws are very rarely enforced, which allows the behavior to continue.

Tailgating can often occur due to of a lack of perceived risk by so doing. Because of this, it is done negligently or unconsciously, often by those who think that they are safe drivers who usually obey the rules that apply to driving on the road. In its worst form, tailgating can be a very violent form of road rage as well as a form of intimidation on the road.

As well as putting lives at risk, a Careless Driving conviction arising from tailgating can also make it harder to find affordable insurance.

Tailgating is frequently, but not always, used as a deliberate tactic to intimidate other drivers. Victims report feeling scared, angry and frustrated. Though unintentional, the potential consequences of a collision are just as real to both drivers. Advances in roadside camera technology could mean that police will soon be able to spot more tailgating drivers. A trial is already under way on a stretch of the M1 in Northamptonshire, using cameras that can detect vehicles travelling too close to each other.

Drivers will only receive warning letters from the police during the trial, rather than the standard fixed fine and three penalty points. In this way, they hope to encourage better road safety and driving habits by educating drivers to leave a safe distance between them and the vehicle in front. Perhaps unsurprisingly, the cameras spotted 26, offenders in just the first two months of the trial, with 3, repeat offenders.

Some drivers were caught tailgating as many as 12 times on the same m stretch of road. How much stopping distance would you need to avoid a collision if the vehicle in front of you suddenly slammed their brakes on? The rule is that a driver should ideally stay at least two seconds behind any vehicle directly in front of their own. Pick a landmark for example a line across the road, an overhead gantry or road sign and adjust your speed so that your vehicle takes a minimum of two seconds double that in poor weather conditions to reach the same landmark after the car in front.

What is Tailgating and is it Legally a Motoring Offence? Share this post Facebook Twitter. The specifics of state laws differ somewhat. But most states define tailgating officially called "follow too closely" in many states along the lines of:. In many states, the second type of tailgating failing to leave enough space sufficient for another vehicle to fit is a violation only if it occurs outside residential and business districts.

The tailgating laws of many states contain exceptions for funeral processions and other lawful motorcades. It's also common for tailgating laws to contain qualifying language such as "when conditions reasonably permit. For instance, it probably wouldn't be reasonable for drivers to leave huge spaces in front of their vehicles while driving in dense traffic or a crowded parking lot.

Tailgating is generally a traffic infraction with penalties comparable to a speeding or stop sign ticket. In other words, you'll probably be looking at a fine and demerit points on your driving record for a conviction. But, in certain circumstances, it might be worth fighting a tailgating ticket in traffic court.

If you do decide to fight your ticket , you should also consider talking to a traffic attorney. An experienced traffic attorney will generally have a good idea of the best defenses and other options for dealing with the ticket. Tailgating tickets are often based on the citing officer's subjective judgment. In other words, the officer believed , based on his or her observations, that you were following another vehicle at a distance that wasn't reasonably safe. Of course, what's reasonably safe is a judgment call.

So, one possible defense is to simply argue that, under the circumstances, the distance between you and the other vehicle was safe.



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