Brake Checking: Is It Legal to Do So When Tailgating?

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Understanding Tailgating and Brake Checking

Before diving into the legality question, it's crucial to define the terms:

Tailgating: This refers to driving too closely behind another vehicle, creating a safety hazard. Brake Checking: This involves dramatically applying the brakes to frighten a tailgater, often with the intention of making them back off.

Brake checking can be a dangerous practice that often leads to further accidents or unexpected actions by the tailgater, such as swerving into another lane or hitting a pedestrian or another car.

Is Brake Checking Legal?

The legality of brake checking varies among jurisdictions. In Australia, as mentioned in the question, the practice is generally considered illegal. Here's why:

Intimidation and Aggression: Brake checking can be seen as an aggressive action intended to intimidate the tailgater, which is not a recommended driving behavior. Potential for Accidents: Brake checking increases the risk of improper reactions by the tailgater, making the road unsafe for all parties involved. Legal Liability: If an accident occurs as a result of brake checking, the driver may be held liable even if they were wronged by the tailgater. Prosecutions for reckless driving or causing an accident with drunk or drugged driving can be severe.

Real-Life Scenario: A True Story

A colleague experienced an unfortunate encounter with a tailgating driver who intentionally jammed the brakes to instill fear. Here's what happened:

A tradesman, driving a solid pickup truck, was stopped at a rural road when a young sports car coming from the rear, at a remarkable speed, attempted to overtake him. The driver, in a charismatic display of masculinity, applied the brakes forcefully, causing the sports car to crash into the trailer hitch. The impact resulted in severe damage to the front of the sports car and a mess inside the vehicle. Despite the commotion, the young driver, who turned to the police explaining there might have been a dog nearby, was more concerned about money than propriety.

The Cost of Brake Checking

While brake checking may seem like a fleeting moment of justice, it can come at a significant cost:

Financially: The expense of vehicle repairs, increased insurance premiums, and potential legal fees. Legally: Facing charges for reckless driving, or if an accident results in injury, being held accountable under the law. Psychological: The stress and anxiety of potentially causing harm or being wronged further.

Expert Advice: Let Them By Safely

Instead of engaging in aggressive behaviors like brake checking, it's safer to:

Stay Calm: Avoid reacting emotionally to tailgaters. Cede the Lane: Let the tailgater overtake you when it's safe to do so. This ensures that both drivers can focus on safety. Avoid Distractions: Keep your eyes on the road ahead, not on the vehicle behind you. Use Cues: Slow down or continue at a steady speed but avoid making sudden movements.

Conclusion

Brake checking when tailgating is not recommended as a safe or legal practice. It increases the risk of accidents and can lead to severe legal consequences. Instead, it's better to let the tailgater pass and maintain a safe distance, focusing on your own safety and the safety of others on the road. By choosing to stay calm and considerate, you can help keep the roads safer for everyone.