Tailgating Laws in California

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Tailgating is one of the most common (and most dangerous) traffic tickets in California. According to data from the National Highway Traffic Safety Administration, tailgating results in thousands of deaths and hundreds of thousands of injuries each and every year. This article is to equip you with the tools you need to prevent yourself from adding to those statistics.

What Is Tailgating?

Tailgating, also called “following too closely,” is when one driver fails to leave a safe amount of space between their vehicle and the vehicle in front of them. Following too closely involves creating an unsafe driving environment by “riding the back” of the vehicle in front of you. This is often done by aggressive drivers who want to move faster than others who are “in the way.”

No matter what your reason is for following too closely, you can (and likely will) receive a ticket for violating this law.

What Is the Law Number in California?

Most of California’s vehicle and traffic laws are included in the Motor Vehicle Code. That code is broken down into sections that outline specific laws like this one. When it comes to tailgating, you can find the law under CA VEH Code §21703 VC (2017)—or just §21703 for short.

§21703 states, “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.”

Types of Tailgaters

Aggressive drivers are definitely the first thing people think of when they think of tailgaters, but there’s more to it than that. There are plenty of reasons why people might commit this violation: ignorance, lack of attention, distraction, or just plain complacency.

Ignorant Drivers

Some drivers simply don’t know how much space is the right amount of space when it comes to following other drivers. They might leave far too much space or far too little. Even so, being ignorant of tailgating laws isn’t an acceptable excuse for breaking them.

Unaware Drivers

Unaware drivers might know how much space to leave between cars but might not be aware of the fact that they’re not adhering to those laws. Oftentimes, this issue stems from a lack of driving experience or unfamiliarity with local roadways.

Distracted Drivers

Drivers who aren’t paying much attention to the road aren’t usually able to maintain proper following distance. To make things worse, distracted driving is another ticketable offense. So, if you let your phone distract you from the road and that causes you to tailgate somebody, you can receive two tickets rather than just one.

Complacent Drivers

Complacent drivers are drivers who just do what they do because they’re used to it. If you were taught to drive by a habitual tailgater, then odds are that you’ve learned to tailgate. That would make you a complacent driver. The tips at the end of this article will help you break that habit and avoid getting a ticket.

Aggressive Drivers

Last but not least, we have aggressive drivers. In fact, these are actually the most common tailgators. These drivers often get frustrated with how slow the vehicles in front of them are moving and decide to tailgate them in response. The goal is typically to coerce other drivers into “getting out of the way.” Aggressive driving is dangerous, deadly, and costly.

How Much Is a Tailgating Ticket in California?

Tailgating tickets in California include an average fine of about $238, but that’s not all. When you’re convicted of a tailgating violation, odds are you’ll have to pay much more than just a fine. You might have to pay court costs, applicable fees, surcharges, and other civil penalties. You’ll also likely be facing a 22.5% increase to your car insurance premiums over the next few years.

How Far Apart Do the Cars Need To Be To Not Be Considered Tailgating?

There is no concrete legal distance codified in the law. So, if you’re looking to hear something like “you need to stay 50 feet apart,” you’re in for some bad news. Generally speaking, these tickets are only issued if your following distance creates a hazard for you or the driver in front of you.

How To Avoid a Tailgating Ticket?

If you’re reading this article and thinking, “Wow, that sounds a lot like me,” then you might benefit from a few new tips and tricks. The four we’ve outlined below will help you gain a better hold on your tailgating tendency.

Focus on the Road

Distracted driving is dangerous driving. Focus on the road, don’t worry about the radio, and—most importantly—don’t play with your phone while driving. Nix those habits and you’ll see your attentiveness go up and your accidental tailgating go down.

Drive With the Flow of Traffic

Driving faster than the flow of traffic can cause you to tailgate slower vehicles in front of you. And driving slower than the flow of traffic can cause you to be tailgated by faster vehicles behind you. Driving the same speed as the flow of traffic can help prevent both of these issues. That being said, be sure not to speed just because other drivers are speeding.

Give Yourself Enough Time

A good rule of thumb is to follow the three second rule. Experts recommend picking a landmark and counting the number of seconds that pass between you and the vehicle in front of you. If that number is fewer than three, you’re following too closely. If it’s just about three, that’s a good spot for you to be in. If it’s more than three, you might be driving too slowly (which can also result in a ticket).

Drive in the Correct Lane

Left lane fast, right lane slow. When driving on multi-lane roadways, remember that the left lane is there for passing. If you’re driving slowly, stick to the right lane. If you’re driving faster or passing a slow driver, stick to the left lane. Depending on the flow of traffic, you might find a middle lane to be the ideal speed. Just don’t speed!

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