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If you’re in a rush and looking to convince the driver in front of you to get out of the fast lane, that’s fine—as long as you follow the law. You can flash your lights or honk, but you should never tailgate. Tailgating tickets in New York can be costly, damaging to your record, and more. Here’s what you need to know about these tickets and how to prevent or beat them.

What Is Tailgating?

According to section 1129(a) of the New York State Vehicle and Traffic Law (VTL), tailgating is when you follow too closely behind the vehicle in front of you. These tickets are often called “following too closely” tickets rather than “tailgating,” but the two phrases mean the same thing.

What Is Considered Tailgating (Following Too Closely) in New York?

There’s no legally codified safe distance that you should leave between the vehicle in front of you and yourself. However, a general rule of thumb is the Three-Second Rule. The Three-Second Rule states that, no matter what speed you’re going, you should stay at least three seconds behind the vehicle in front of you. This gives you ample time to react in case they slow down, increasing the chances that you’ll escape an accident.

Why Is Tailgating Dangerous?

Tailgating is particularly dangerous because of how slow most people’s reaction times are. Studies show that the average driver’s reaction time is just about 0.75-1.00 seconds. In other words, if you’re tailgating a vehicle and following only one second behind it, you’re most likely not going to have time to react and get out of the way if it slams on its brakes.

To prevent you from careening into the vehicle in front of you without enough time to react and slow or swerve your vehicle, politicians have outlawed tailgating. Tailgating is so dangerous, in fact, that it’s the second most common cause of car accidents in the state of New York, with a considerable number of drivers being injured as a result of it each year.

Types of Tailgaters

Most tailgators fall into one of five categories, depending on who they are as people and why they tend to tailgate other drivers. Let’s break down these five categories.

Ignorant Drivers

Ignorant drivers are drivers who just plain don’t know any better. These are the less-skilled, newer drivers who are only just beginning to learn how to drive safely. Oftentimes, they just don’t know how long it takes to react to a vehicle’s change in speed or what a safe following distance actually is.

Unaware Driver

Unaware drivers are drivers who might not notice what they’re doing in the situation. These drivers are very similar to the ignorant drivers mentioned above, but might have more experience. An example of an unaware driver is a person who just got a new car and doesn’t yet know that vehicle’s optimal braking distance.

Distracted Driver

Distracted drivers are drivers who aren’t paying attention to the road. They often tailgate not out of spite or lack of experience but because they just aren’t focused. Now’s a good time to mention that distracted driving is another ticketable offense. So, if you’re pulled over for tailgating and an officer discovers that you were tailgating because you were distracted, you could get two tickets.

Complacent Driver

Complacent drivers are drivers who are fully aware of all the risks, know that tailgating is wrong, and do it anyway. These drivers often think that, since they’ve never been in a tailgating accident before, the odds must be low and are therefore acceptable. These drivers are the hardest to convince that they should stop tailgating, because they often simply don’t care.

Aggressive Driver

Aggressive drivers are drivers who tailgate intentionally, often doing so in an attempt to force the driver in front of them out of their way. These drivers are the largest group of tailgators in the United States and the most dangerous.

What Are the Penalties for Tailgating in NY?

Tailgating isn’t just dangerous. It can also be a financial nightmare. Between the fines, surcharges, fees, and other penalties, you can end up paying well over $1,000 for a single ticket. How much you’ll face comes down to your existing driving record, past convictions, and general demeanor in court, among other things.

Fines

Drivers convicted of tailgating violations in New York can face fines of up to $150 for a first offense. If a second offense is committed within 18 months of the first, that price doubles ($300). A third conviction in that timeframe will result in the price increasing even higher, up to $450.

Points

Following too closely is a serious violation in New York, worse than many other kinds of tickets. These violations can incur up to four points on your license, putting you dangerously close to the threshold for the DRA Fee and license suspension.

Speaking of license suspensions, if you are convicted of violations totalling 12 or more points within an 18-month period, the New York Department of Motor Vehicles (DMV) can suspend your license.

Surcharges

A surcharge is an additional fee that you have to pay after you are convicted of the violation. For following too closely in New York City, the surcharge will be $88. In most other parts of the state, the surcharge will be $93.

Driver Responsibility Assessment (DRA) Fee

The DRA fee is a fee that you’ll have to pay every year for three years if you earn six or more points on your license. The sixth point costs a total of $300 and every point after that adds $75 to the fine.

Auto Insurance Increase

As with most moving violations, a conviction for following too closely can result in your insurance premiums increasing. Exactly how much they increase will be based on a number of factors. One study estimates that a single conviction for tailgating can increase your insurance premiums by roughly 30%. In New York, this increase can last for up to four years.

Defenses of a Tailgating Ticket

There are a couple of ways to defend yourself against a tailgating ticket in New York. The most common relies on exploiting the vagueness of the law, pointing out that there’s quite a bit of interpretation to be had regarding what’s considered “too close” to another vehicle. Unfortunately, in most cases, that interpretation is left up to the officer.

Whenever tailgating results in an accident, however, the police officer who arrives on scene rarely ever actually witnessed the accident take place. This is where witness testimony comes in handy. If you had passengers who can truthfully testify that you were following a safe distance behind, that could help your case.

When an officer serves as an eyewitness of the tailgating charges against you, you will likely have to prove that the conditions of the road and flow of traffic required you to follow that closely. If you can prove that your actions were both reasonable and prudent, you might be able to get your ticket dismissed.

What To Do if Someone Is Tailgating You

If somebody is tailgating you, you won’t get a tailgating ticket. However, we understand how stressful that situation can be. Here are a few tips to help you stay safe when another driver is following you too closely.

Stay Calm

Breath deep breaths and try to stay calm. If you get angry and retaliate or panic and jerk the wheel, you could increase the risk to yourself and others.

Focus on the Road

When your vehicle is moving forward, you should be looking forward. If somebody’s following you too closely, you might be tempted to keep checking the rearview mirror to look at them. Don’t! Keep your eyes on the road to ensure that you stay in your lane and stay safe.

Allow the Tailgater To Pass

Oftentimes, people will tailgate you when they want to go faster than you’re driving. If you have the option to do so, move into the right lane and the tailgator pass. After they’ve gotten a safe distance away from you, you can consider moving back to the left lane.

Keep Your Distance

If you can, avoid closing the gap. When somebody decides to tailgate you, the responsibility of keeping a safe distance falls to you. It’s not fair, but that’s what will keep you safe. That being said, do not speed to get away from them. Not only can that get you a speeding ticket, it would also likely result in them speeding up too, increasing the risk of an accident.

Check Your Driving

Make sure that you’re not the one in the wrong. If the speed limit is 50 miles per hour and you’re going 30 in the fast lane, you should either speed up or move over.

Call the Police

If it seems like the tailgater is driving aggressively and putting people at risk, call the police. The best time to do this is if you see a driver tailgating people, swerving in and out of lanes, and speeding. That kind of reckless driving needs to be reported to the police before somebody gets hurt.

Don’t Speed Up or Slow Down

Maintaining your speed is a great way to ensure that you don’t increase the risk of an accident. Slowing down could anger the tailgator and speeding up could increase the chances of you getting into an accident with somebody else.

Don’t Get Distracted by the Tailgater

Try to continue to focus on the normal parts of your driving experience. Don’t pay much mind to the tailgator and don’t let them steal your focus. Distracted driving can be just as dangerous as aggressive driving.

Don’t Provoke the Tailgater

One thing you never want to do is provoke a tailgater. Doing so is like adding fuel to a fire: it’ll just incense them. The angrier a tailgater gets, the more likely their tailgating is to turn into road rage, which significantly increases the risk of them harming you.

Don’t Brake Check

The absolute last thing you’ll want to do is brake check the tailgater. Not only will that most likely result in an accident, it can also lead the court to rule that you were the one at fault.

Tips To Avoid Tailgating Others

Now that we’ve covered how to deal with others who tailgate, let’s take a look at what to do if you’re the one who tailgates others. Tailgating can be a hard habit to break, but each of the following tips can help get you started:

• Stay alert and aware of nearby vehicles.
• Remain calm and make safe and informed decisions.
• Don’t drive when tired.
• Perform routine maintenance of your vehicle.
• Pay attention to traffic.
• Anticipate hazardous situations that may cause the vehicle in front of you to stop suddenly.
• Travel at a speed that allows braking safely should the vehicle in front of you stop suddenly.
• Allow at least three seconds of space between your vehicle and the car in front of you.
• Allow more distance when following a motorcycle or large vehicle such as a truck.
• Be patient with slow drivers.
• Drive slower in bad weather conditions and leave more space between vehicles.
• Use extra caution when approaching intersections or stop lights and when changing lanes.
• Maintain a safe and consistent speed at all times.
• Don’t speed up when someone else is tailgating you.
• Avoid temptation. If you’re in a hurry, safely change lanes when you get the chance.
• Keep your emotions in check. Do not engage in aggressive or negligent driving.
• If you’re driving in a convoy, use a GPS instead of relying on following another vehicle for directions. Agree on a meet-up point in advance.
• Consider finding an alternate driving route to your destination.

Remember, tailgating often occurs on highways during rush hours, so do your best to avoid those roads whenever possible. And, if you do end up getting a tailgating ticket, be sure to contest it in court with help from the WinIt app. Otherwise, you can be in for some serious penalties.