Is It Illegal To Brake Check A Tailgater

Tailgating is one of the most frustrating behaviors encountered on the road. When another driver follows your vehicle too closely, it can feel threatening and dangerous. Some drivers respond to this aggressive behavior with an action known as “brake checking,” where the driver in front suddenly applies the brakes to warn or intimidate the tailgater. But is this response legal? Is it illegal to brake check a tailgater?

Let’s explore the legality of brake checking in Australia and the potential consequences of engaging in this practice.

What is Tailgating in Driving?

Tailgating in driving refers to the practice of one vehicle following another vehicle too closely, often without maintaining a safe stopping distance. This behavior is considered dangerous and can lead to accidents, road rage incidents, and increased stress for both drivers involved. 

Tailgating occurs when a driver maintains an insufficient distance from the vehicle ahead, often less than the recommended following distance. The recommended following distance is generally measured using the “three-second rule.” This rule states that a driver should stay at least three seconds behind the vehicle in front to ensure sufficient reaction time. In poor weather conditions or heavy traffic, this distance should be increased to account for reduced visibility and longer stopping distances.

1. Why Do People Tailgate?

Here are a number of reasons why drivers tailgate:

• Impatience: They might be running late and frustrated with slower traffic.
• Unawareness: Some drivers simply don’t realize they’re following too closely.
• Aggression: Tailgating can be used as a way to intimidate the driver in front.

Dangers of Tailgating

1. Increased Risk of Rear-End Collisions: The leading cause of rear-end collisions is insufficient following distance. If the front vehicle brakes suddenly, the tailgating driver may not have enough time to stop, leading to a collision.
2. Reduced Reaction Time: Tailgating limits the tailgater’s ability to react to unexpected events, such as sudden stops, obstacles, or changes in traffic flow.
3. Stress and Anxiety: Tailgating creates stress and anxiety for both drivers involved, potentially leading to erratic driving behavior and poor decision-making.
4. Road Rage: Tailgating can provoke aggressive responses from the driver being followed, escalating into road rage incidents.

Is It Illegal to Brake Check a Tailgater in Australia?

Tailgaters are a menace on any road, and Australia is no exception.  While the urge to slam on your brakes might be tempting,  brake checking is illegal throughout Australia and considered dangerous driving.

Like other countries, Australian authorities take a dim view of brake checking. It’s seen as a form of reckless driving and can lead to hefty fines and demerit points depending on the state or territory.

Legal Implications in Australia

Australia doesn’t have a single law specifically outlawing brake checking. However, each state and territory has road rules that can be used to penalize you for such a maneuver.

Here are some potential consequences:

1. Reckless or Dangerous Driving: 

Brake checking falls under this category as it deliberately creates a dangerous situation for the tailgater and potentially others on the road. Penalties can be hefty, with fines exceeding $500 and demerit points depending on the state. For instance, in New South Wales, a reckless driving charge could land you with a fine exceeding $500 and three demerit points.

2. Negligent Driving:

If your brake check causes an accident, you could be found negligent for failing to drive with due care and attention. This could lead to fines, demerit points, and even civil liability for damages caused in the accident.

Safer Alternatives to Brake Checking in Australia

Instead of brake checking, consider these safer and more effective responses to tailgating:

1. Maintain a Steady Speed: Keep a consistent speed to avoid confusing or aggravating the tailgater.
2. Change Lanes: If it is safe to do so, move to another lane to allow the tailgater to pass.
3. Increase Your Following Distance: If you cannot change lanes, try to create more space between your vehicle and the car in front of you to reduce the risk of a collision.
4. Signal the Tailgater: Use your hazard lights briefly to signal to the tailgater that they are too close. This can sometimes alert the other driver to their behavior without escalating the situation.

Conclusion:

Brake checking is illegal in Australia and can lead to severe legal consequences and increased risks on the road. While tailgating is undoubtedly dangerous and frustrating, responding with aggressive or dangerous driving behavior is not the solution. Instead, focus on de-escalating the situation through safe driving practices and awareness. By maintaining a calm and composed approach, you can protect yourself and others on the road from potential harm and legal repercussions.