Following too Closely

What is Following Too Closely?

In the realm of Ontario’s Highway Traffic Act, “Following Too Closely” is a traffic offence outlined under section 158. This violation occurs when a motorist does not maintain a safe distance between their vehicle and the one in front. A driver is required by law to keep a reasonable and prudent distance, taking into consideration their speed, road conditions, and overall traffic flow.

Failing to follow this rule often results in a ticket for following too closely, which can bring serious consequences to your driving record and insurance rates.

Consequences of a Following Too Closely Ticket

Receiving a following too closely ticket means more than just paying a fine. In Ontario, this violation usually includes:

• A monetary fine that varies depending on the circumstances.
• The addition of demerit points to your driving record.
• A record of conviction, which may stay on your abstract for several years.
• Potential increases in your insurance premiums.

In more serious cases, such as when a collision occurs, a follow too closely ticket can lead to even higher penalties and long-term impacts on your driving history.

Why Following Too Closely is Dangerous

The reason Ontario law treats this violation seriously is because tailgating drastically increases the risk of rear-end collisions. Weather conditions, sudden stops, or unexpected road hazards can make it impossible to brake in time if you are driving too close.

A following too close ticket signals that a driver has not maintained the level of caution required to keep Ontario roads safe.

How to Avoid a Following Too Closely Charge

To avoid being issued a ticket for following too closely, drivers should:

• Keep at least a two-to-three second distance from the car in front under normal conditions.
• Increase following distance in poor weather, heavy traffic, or at higher speeds.
• Pay attention to brake lights and anticipate traffic slowdowns ahead.

What to Do if You Receive a Follow Too Closely Ticket

If you have been issued a following too closely ticket, you may want to seek legal assistance before paying the fine. A paralegal can help review the charge, identify possible defences, and work to reduce the long-term consequences on your driving record and insurance.

Key Factors to Consider

When evaluating the appropriate distance to maintain, consider the following variables:

• Speed of Both Vehicles: The speed at which you and the front vehicle are travelling affects the required stopping distance. The faster you go, the longer it will take to bring your vehicle to a complete stop.
• Road Conditions: Environmental factors like wet, icy, or uneven roads demand more cautious driving and greater following distances.
• Traffic Flow: In congested traffic where frequent stops or slow-downs are the norm, maintaining a larger gap is essential to prevent collisions.

Following Too Closely Penalties in Ontario

A follow-too-closely ticket in Ontario is not a matter to be taken lightly. Being convicted of this offence has severe repercussions:

• Fine: The fine for following too closely varies between $60 and $500, depending on the gravity of the offence.
• Demerit Points: Conviction leads to 4 demerit points added to your driving record, which can have long-term implications.
• Insurance Rates: Insurance companies often hike premiums after a conviction, making it an expensive long-term burden.

Table: Ontario Penalties for Following Too Closely

Follow Too Closely for Commercial Drivers

In Ontario, commercial drivers are often subject to stricter rules and regulations compared to non-commercial drivers. One such rule specifies that commercial drivers are required to maintain a distance of at least 60 meters from the vehicle they are following. This regulation is aimed at promoting road safety by accounting for the larger size and weight of commercial vehicles, which inherently have longer stopping distances.

This rule serves multiple safety objectives:

1. Improved Reaction Time: Commercial vehicles need more time to come to a full stop due to their larger mass.
2. Enhanced Visibility: Keeping a 60-meter distance ensures that commercial drivers have a better field of vision, making it easier to anticipate the actions of other drivers.
3. Lower Risk of Accidents: A greater following distance considerably lowers the probability of rear-end collisions, which are more catastrophic when involving commercial vehicles due to their size and weight.

Commercial drivers should pay extra attention to this offence. Not only are the standard fines and demerit points for following too closely applicable, but commercial drivers might also face additional penalties, such as:

• License Suspension: Accumulating too many demerit points could lead to a temporary suspension of your commercial driver’s license.
• Employment Risks: Employers in the transport sector frequently assess driving records as part of their hiring or ongoing employment evaluations. A driving too closely ticket may severely hinder job prospects or even result in job loss.

Note on Vehicle Types and Commercial Consequences

Different types of commercial vehicles may experience diverse penalties. For instance, the penalties may be more stringent if you operate a vehicle carrying hazardous material. A follow too closely ticket for a commercial driver can result in more severe consequences, including higher fines and stricter licence suspensions. Therefore, it’s crucial to consider the type of commercial vehicle you drive when addressing a follow-too-closely ticket.

Defending Against a Following Too Closely Ticket in Ontario

If you receive a following too closely ticket, you should consider hiring Traffic Paralegal Services to represent you. With comprehensive knowledge of Ontario’s Highway Traffic Act, our firm offers the following services to help you:

1. Case Assessment: We initiate a comprehensive review of your ticket, considering the police officer’s notes, possible video evidence, and any available witness statements.
2. Legal Consultation: Our paralegals will provide a complete breakdown of the potential repercussions, both immediate and long-term. Receiving a conviction for this offence adds following too closely demerit points to your driving record, which can increase insurance rates and lead to further penalties if points accumulate.
3. Court Representation: Our team is well-equipped to represent you in court, presenting a cogent argument aimed at eliminating or at least minimizing the penalties you face.
4. Negotiation: When appropriate, we will negotiate with the prosecution for a reduced charge to lessen the impact on your driving record and insurance premiums.