Tailgating is driving too close to the vehicle in front of you. It’s one of the most dangerous driving behaviours on UK roads and carries serious penalties. If you’re caught tailgating, you could face fines up to £100, three penalty points on your licence, or even prosecution for careless or dangerous driving.
In this guide, we’ll explain exactly what constitutes tailgating, the legal consequences you face, and how to avoid this dangerous practice.
What is Tailgating?
Tailgating means following another vehicle so closely that you cannot stop safely if the driver ahead brakes suddenly. The Highway Code doesn’t specify an exact distance, but it emphasises maintaining a safe following distance at all times.
The Two-Second Rule
The most practical way to judge safe following distance is the two-second rule:
- Pick a fixed point ahead (like a lamp post or road sign)
- When the car in front passes this point, start counting: “one thousand and one, one thousand and two”
- You should pass the same point after you finish counting
- In wet or icy conditions, increase this to four seconds
Common Tailgating Scenarios
Tailgating typically occurs in these situations:
- Heavy traffic on motorways
- Impatient drivers trying to force others to speed up
- Road rage incidents
- Drivers distracted by mobile phones or other devices
- Inexperienced drivers who misjudge stopping distances
Legal Definition and Penalties for Tailgating in the UK
Fixed Penalty Notices
Since 2013, police can issue on-the-spot penalties for tailgating:
Standard Penalty:
- £100 fixed penalty notice
- 3 penalty points on your driving licence
- No court appearance required if you accept the penalty
Careless Driving Charges
Severe tailgating can escalate to careless driving charges under the Road Traffic Act 1988, Section 3:
Careless Driving Penalties:
- Fines up to £5,000
- 3-9 penalty points
- Possible driving disqualification
- Mandatory court appearance
Dangerous Driving Charges
Extreme cases of tailgating may result in dangerous driving charges:
Dangerous Driving Penalties:
- Up to 2 years imprisonment
- Unlimited fines
- Mandatory driving disqualification (minimum 12 months)
- Extended retest required
How Police Detect and Prosecute Tailgating
Methods of Detection
Police use several methods to catch tailgating drivers:
Patrol Officers:
- Visual observation from police vehicles
- Following distances measured using road markings
- Video evidence from in-car cameras
Technology:
- Average speed cameras that also monitor following distances
- Motorway CCTV systems
- Dashboard cameras from other vehicles
Evidence Required
For a successful prosecution, police typically need:
- Clear video evidence showing the vehicle registration
- Proof of insufficient following distance
- Evidence that the driving was below acceptable standards
- Witness statements (if available)
Insurance and Long-term Consequences
Impact on Car Insurance
Tailgating convictions affect your insurance premiums:
- 3 penalty points typically increase premiums by 5-10%
- Careless driving convictions can increase premiums by 15-30%
- Some insurers may refuse to cover drivers with multiple convictions
- You must declare points to insurers for 5 years
Employment Implications
If you drive for work, tailgating convictions can affect:
- Professional driving licences (HGV, PCV)
- Employment in driving-related jobs
- Company car eligibility
- Business insurance rates
The Real Dangers of Tailgating
Accident Statistics
According to the Department for Transport, following too closely contributes to:
- 22% of all road traffic accidents
- Higher severity injuries in rear-end collisions
- Increased risk of multi-vehicle pile-ups
Stopping Distances at Different Speeds
| Speed | Thinking Distance | Braking Distance | Total Stopping Distance |
|---|---|---|---|
| 30 mph | 9 metres | 14 metres | 23 metres |
| 40 mph | 12 metres | 24 metres | 36 metres |
| 50 mph | 15 metres | 38 metres | 53 metres |
| 60 mph | 18 metres | 55 metres | 73 metres |
| 70 mph | 21 metres | 75 metres | 96 metres |
Source: Highway Code Rule 126
These distances increase significantly in wet or icy conditions.
How to Avoid Tailgating Charges
Practical Prevention Tips
Maintain Proper Following Distance:
- Use the two-second rule in dry conditions
- Increase to four seconds in wet weather
- Allow even more space in fog or ice
Plan Your Journey:
- Leave earlier to reduce time pressure
- Factor in traffic delays
- Use real-time traffic apps like Google Maps or Waze
Stay Calm and Patient:
- Accept that some journeys take longer
- Avoid aggressive driving behaviours
- Remember that tailgating rarely saves significant time
What to Do If Someone Tailgates You
If another driver is tailgating you:
- Don’t speed up to create distance
- Maintain steady speed and lane position
- Indicate early before turning or changing lanes
- Consider pulling over safely to let aggressive drivers pass
- Never brake suddenly or “brake check” tailgaters
Defending Against Tailgating Charges
Valid Defences
While challenging, some defences may apply:
Emergency Situations:
- Avoiding imminent danger
- Medical emergencies requiring urgent travel
Technical Defences:
- Questioning the accuracy of police measurements
- Challenging video evidence quality
- Proving exceptional circumstances
Procedural Issues:
- Incorrect paperwork or procedures
- Failure to serve notices within required timeframes
When to Seek Legal Advice
Consider consulting a motoring solicitor if:
- You face dangerous driving charges
- Your licence faces disqualification
- The prosecution evidence seems weak
- You have valid mitigating circumstances
Specialist motoring law firms like Motoring Defence can advise on the strength of your case.
Regional Variations and Enforcement
England and Wales
Tailgating enforcement follows the same penalties across England and Wales. The Crown Prosecution Service handles more serious cases that go to court.
Scotland
Scottish law applies similar penalties but cases are prosecuted through the Procurator Fiscal system rather than the CPS.
Northern Ireland
Northern Ireland follows similar rules but has separate court systems and enforcement procedures.
Recent Changes and Future Developments
Enhanced Enforcement
Recent developments in tailgating enforcement include:
- Increased use of unmarked police vehicles
- Better camera technology for evidence gathering
- Public awareness campaigns about following distances
- Integration with smart motorway systems
Technology Solutions
Emerging technologies may help reduce tailgating:
- Automatic emergency braking systems
- Adaptive cruise control
- Lane departure warnings
- Vehicle-to-vehicle communication systems
Summary
Tailgating is a serious motoring offence in the UK with significant penalties. The minimum penalty is £100 and three penalty points, but serious cases can result in prison sentences and driving bans.
The key points to remember:
- Use the two-second rule in dry conditions
- Increase following distances in poor weather
- Accept that tailgating rarely saves meaningful time
- The consequences of an accident far outweigh any time saved
- Insurance premiums will increase with penalty points
Safe driving means maintaining proper following distances at all times. Plan your journeys to avoid time pressure and remember that arriving safely is more important than arriving quickly.
Frequently Asked Questions
How close is too close when following another car?
Use the two-second rule as a minimum guide. In dry conditions, you should be able to count “one thousand and one, one thousand and two” between when the car ahead passes a fixed point and when you pass the same point. Increase this to four seconds in wet conditions.
Can I be prosecuted for tailgating without causing an accident?
Yes, absolutely. Police can issue fixed penalty notices for tailgating even when no accident occurs. They only need evidence that you were driving too close to the vehicle in front.
Will 3 penalty points for tailgating affect my car insurance?
Yes, you must declare penalty points to your insurer, and they typically increase premiums by 5-10%. You must declare points for five years, even after they come off your licence.
Can dashboard camera footage be used to prosecute tailgating?
Yes, police increasingly use dashboard camera footage from other drivers as evidence. Many forces have online portals where you can submit footage of dangerous driving, including tailgating.
What should I do if someone is tailgating me aggressively?
Stay calm and don’t speed up or brake suddenly. Maintain steady speed, indicate early for turns, and consider pulling over safely to let the aggressive driver pass. Never engage in confrontational behaviour or “brake checking.”