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ARTICLE · 27 JULY 2023

Does Tailgating amount to a traffic offence?

'Tailgating' – the act of driving too closely to the vehicle in front of you – can amount to a traffic offence.

AustraliaCriminal Law

Being stuck behind an unreasonably slow driver can be frustrating, especially if you are blocked in by traffic or travelling on a one-lane road.

But it's important to know that 'tailgating' – the act of driving too closely to the vehicle in front of you – can amount to a traffic offence in New South Wales and indeed across Australia.

The offence of tailgating

In that regard, regulation 126 of the Road Rules provides as follows:

'126 Keeping a safe distance behind vehicles

A driver must drive a sufficient distance behind a vehicle travelling in front of the driver so the driver can, if necessary, stop safely to avoid a collision with the vehicle.'

The offence carries a fine of $448 at the time of writing plus three demerit points, or a maximum fine of 20 penalty units if the matter is brought before a court; for example, if you elect to have the matter dealt with in court and plead guilty or are found guilty.

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