View Full Version : Can you get fined for following too close?
FastBikeGear
5th August 2009, 16:03
s there any law that says you can get fined for following too close.
I know that they talk about the 2 second rule in the road code but is there any legislation to back this up?
The Baron
5th August 2009, 16:12
Yes you can get fined for following too close. So don't do it.
klingon
5th August 2009, 16:15
s there any law that says you can get fined for following too close.
I know that they talk about the 2 second rule in the road code but is there any legislation to back this up?
Short answer: Yes.
Long answer: It depends on the circumstances and you may face a charge of careless (or dangerous) driving.
slofox
5th August 2009, 16:24
....yes...
Ixion
5th August 2009, 16:28
Sure can
Road User Rule 2004 5.9.3 (5.9.1-4 are all applicable ) : "Drive too close to vehicle in front". $150 fine
And if you actually hit them, probably a careless driving charge.
FastBikeGear
5th August 2009, 16:31
Sure can
Road User Rule 2004 5.9.3 (5.9.1-4 are all applicable ) : "Drive too close to vehicle in front". $150 fine
And if you actually hit them, probably a careless driving charge.
Surely following too close is a subjective measurement?
Are any distances specified?
Ixion
5th August 2009, 16:33
Yep. That's what the road code is for. "Able to stop in the clear distance ahead" (for roads with lane markings).
Want to argue? Tell it to the judge.
slofox
5th August 2009, 16:36
Want to argue? Tell it to the judge.
And he'll tell you you're wrong...
jetboy
5th August 2009, 16:36
s there any law that says you can get fined for following too close.
I know that they talk about the 2 second rule in the road code but is there any legislation to back this up?
Yes there are two laws, one being enforced by the police and one being enforced by physics.
*If you follow too close and a cop sees you = $150 fine
*If you follow too close and the guy infront emergency brakes = you end up crashing, or worse smashing your head on the bootlid of his car/rear door of his truck and end up a mentally deranged vegetable.
Short answer - pass the guy if he's going too slow :msn-wink:
FastBikeGear
5th August 2009, 16:40
*If you follow too close and a cop sees you = $150 fine
*If you follow too close and the guy infront emergency brakes = you end up crashing, or worse smashing your head on the bootlid of his car/rear door of his truck and end up a mentally deranged vegetable.
Ok as there was no accident in the incident the rule of physics didn't apply.
So what you guys are saying the only thing you could be charged with is careless driving or possibly dangerous driving?
jetboy
5th August 2009, 16:43
So what you guys are saying the only thing you could be charged with is careless driving or possibly dangerous driving?
Pretty much aye - I saw it on Police 10/7 one time where some guy on an Auckland motorway (nooooooooo....can't possibly be!) had his car positioned that close to the guy in front it looked like it was about to perform an anal manoever...the guy got a careless charge and a $150 fine from what I remember.
Ixion
5th August 2009, 17:10
Ok as there was no accident in the incident the rule of physics didn't apply.
So what you guys are saying the only thing you could be charged with is careless driving or possibly dangerous driving?
Sigh. You didn't read any of it did you.
You can be charged with a breach of Road User Rule 2004, S 5.9.3 "Drive too close to vehicle in front". And/or 5.9.1 , and 5.9.2 and 5.9.4 if the cop really wants to shit on you.
Accident or no accident.
Cop sees you thinks you're too close, you get a $150 ticket. OK?
yungatart
5th August 2009, 17:12
Its scary to think that people are out on the roads not knowing the road rules...how some folk get a licence is beyond me!
mynameis
5th August 2009, 17:13
Sure can
Road User Rule 2004 5.9.3 (5.9.1-4 are all applicable ) : "Drive too close to vehicle in front". $150 fine
And if you actually hit them, probably a careless driving charge.
That's s0o0o 2004 it's called tailgating :lol:
peasea
5th August 2009, 18:01
YES YOU CAN! and rightly so, tailgaters suck arse bug time. Get a gun and shoot the fucks.
CookMySock
5th August 2009, 21:14
Yes, you can. I have been fined for this. Mind you, the car I was following too closely (I couldnt see his bumper) turned out to be a mufti unit. :slap:
Oh well.
Steve
FastBikeGear
5th August 2009, 22:43
From the road code:
Dad just found this at http://www.ltsa.govt.nz/road-user-safety/new-road-rules/summary-of-changes.html
The Road User Rule says you must maintain a safe following distance behind the vehicle in front of you (see below) and if going more than 50 km/h, you must leave sufficient room in front for a vehicle passing you to be able to safely move into the gap. The legal minimum following distances set out in the Road User Rule are:
* 16 m, if travelling at a speed of 40–49 km/h
* 20 m, if travelling at a speed of 50–59 km/h
* 24 m, if travelling at a speed of 60–69 km/h
* 28 m, if travelling at a speed of 70–79 km/h
* 32 m, if travelling at a speed of 80 km/h or more.
and this was amended in 2005 (see http://www.ltsa.govt.nz/rules/docs/road-user-amendment-rule-2005.pdf)
to add 36 m, if travelling at a speed of 90km/h or more.
If you do the calculations these speeds are however at odds with the road codes recommendation to use the 2 second rule.
(see http://www.ltsa.govt.nz/roadcode/about-driving/following-distance.html)
The road coad states the following:
The two-second rule
Under normal conditions, the two-second rule is an easy way to make sure you have left enough following distance between your vehicle and the vehicle in front, no matter what speed you're travelling at.
To check if you are travelling two seconds behind the vehicle in front:
* watch the vehicle in front of you pass a landmark – such as a sign, tree or power pole – at the side of the road
* as it passes the landmark, start counting 'one thousand and one, one thousand and two'
* if you pass the landmark before you finish saying those eight words, you are following too closely - slow down, pick another landmark and repeat the words to make sure you have increased your following distance.
e.g at 80km/h you are travelling at 80,000 m/hour = 1,333.33 m/minute = 22.22 m/second or 44.44 m every 2 seconds which is 12 metres (37.5%) more than the road user laws above.
Of course despite the road code saying "if you pass the landmark before you finish saying those eight words, you are following too closely" I understand the road user laws take precedence over the recommendations in the road code.
Max Preload
6th August 2009, 00:10
The legal minimum following distances set out in the Road User Rule are:
* 16 m, if travelling at a speed of 4049 km/h
* 20 m, if travelling at a speed of 5059 km/h
* 24 m, if travelling at a speed of 6069 km/h
* 28 m, if travelling at a speed of 7079 km/h
* 32 m, if travelling at a speed of 80 km/h or more.
and this was amended in 2005 (see http://www.ltsa.govt.nz/rules/docs/road-user-amendment-rule-2005.pdf)
to add 36 m, if travelling at a speed of 90km/h or more.
If you do the calculations these speeds are however at odds with the road codes recommendation to use the 2 second rule.
(see http://www.ltsa.govt.nz/roadcode/about-driving/following-distance.html)
Correct. The rule is 4m for every 10km/h of speed. The 2-second rule is considerably more than the actual required following distance (55m instead of 40m at 99km/h...) but it's easier for the brain-dead droobs this country issues driver's licenses to so freely, to follow.
Ixion
6th August 2009, 09:58
Fuck , you're persistent aren't you. Were yhou perhaps a blowfly in a previous existence ? Or a perpetual small child with a head cold?
Pays when quoting law to check the bits either side
Stopping and following distances
(1) A driver must not drive a vehicle in a lane marked on a road at such a speed that the driver is unable to stop in the length of the lane that is visible to the driver.
(2) A driver must not drive a vehicle on a road that is not marked in lanes at such a speed that the driver is unable to stop in half the length of roadway that is visible to the driver.
(3) A driver must not drive on a road a vehicle following behind another vehicle so that the driver cannot stop the driver's vehicle short of the vehicle ahead if the vehicle ahead stops suddenly.
(4) No driver may drive a motor vehicle on any road following behind another vehicle at a distance behind that vehicle of less than
(a) 16 m, if his or her speed is 40 km an hour or more but less than 50 km an hour; or
(b) 20 m, if his or her speed is 50 km an hour or more but less than 60 km an hour; or
(c) 24 m, if his or her speed is 60 km an hour or more but less than 70 km an hour; or
(d) 28 m, if his or her speed is 70 km an hour or more but less than 80 km an hour; or
(e) 32 m, if his or her speed is 80 km an hour or more but less than 90 km an hour; or
(f) 36 m, if his or her speed is 90 km an hour or more.
Note Sect 3. Says that you must not drive so close behind another vehicle that you'll hit it if it stops suddenly. No blah about distances or times .Cop thinks you wouldn't be able to stop if the driver ahead hits the picks, you get a ticket. Simple as that.
Draig
6th August 2009, 10:08
I read somewhere that the French Police are experimenting with fixed cameras that clock your speed AND DISTANCE from the vehicle in front. A fixed penalty notice is automatically issued through the post if you exceed the safety rules.
I see alot of real bad drivers in the SI, many of them blissfully unaware of just how bad they are. Top of the list must be tailgating.
FastBikeGear
6th August 2009, 10:18
Fuck , you're persistent aren't you. Were yhou perhaps a blowfly in a previous existence ? Or a perpetual small child with a head cold?
Pays when quoting law to check the bits either side
Note Sect 3. Says that you must not drive so close behind another vehicle that you'll hit it if it stops suddenly. No blah about distances or times .Cop thinks you wouldn't be able to stop if the driver ahead hits the picks, you get a ticket. Simple as that.
BTW just to give this some perspective I was the one being tailgated in the incident. Yes the cop can give you a ticket but that doesn't guarantee he will be successful in court. He would need to give an explanation of why he thought the minimum legal distances didn't apply in the given conditions. If there was no contact between the two vehicles and he didn't have a convincing explanation the ruling might not go in the favour of the cop.
Ixion
6th August 2009, 10:21
You know very little about the justice system, do you?
peasea
6th August 2009, 15:11
I read somewhere that the French Police are experimenting with fixed cameras that clock your speed AND DISTANCE from the vehicle in front. A fixed penalty notice is automatically issued through the post if you exceed the safety rules.
I see alot of real bad drivers in the SI, many of them blissfully unaware of just how bad they are. Top of the list must be tailgating.
I've been on the Mainland for nigh on twenty months and my biggest gripe by far is slow drivers. I use a State Highway on a daily basis and it's as if the local yokels think that exceeding 75-80kph is going to result in certain death.
Next on the agenda are the cockies who pull out in front you (when yours is the only vehicle for miles) and chug along at 75-80kph in their mud-coated Hilux dog kennels.
Just this afternoon, on the way home, I passed a shitload of vehicles and never went over 110kph the whole trip. They're all in cloud-cuckoo land.
Varkp
6th August 2009, 15:29
any following distance greater the 10 meters and somebody slots into it. So it is quite possible in peak hour traffic that you might end up having to reverse.
wonder who gets the fine then, me for suddenly not having a "legal" following distance, ot the guy who suddenly halved my following distance by jumping in the gap
steelestring
6th August 2009, 16:17
Yes...
I have been fined for breaking the 28 meter rule... $150
2006 3pm-ish nice weather.
Cruising over the rimutaka's to see the olds in the masty. I had a cop right up my bum alllll the way from the hutt... nervous I was.... so I sat just below the speed limit and worked hard at keeping myself well within the law.
He was following extreamly close so at the next passing lane i indicated and slowed to let him past... he did not pass but except sit up my backside once again.
Once I hit the 100k sign on the hill i was tired of this trooper up my rear and squeezed out not exceeding speed nor anthing stupid... the quicker i went the faster the cop went and then again i went faster on a corner and so did he.... this was weird... but being young dum and full of cum i dropped the hammer and lost him with ease.
Hearing his huge balloon tyre profile squeeling around the corners was kinda sending me mixed signals... no lights on... no siren....
I sort of chilled out towards featherstone and relaxed... when around the next set of visable corners behind comes the cop with sirens on and aiming at me. he then pulled me over.
"dont you think you were going a bit quick back there?"
I reply, that i did not break the speed limit.
"you came close the white line a couple of times"
i said , Ok... and left it at that.. i bit my tounge
He then proceeded to check over, tires, lights, and then ran the plates, where i was going too... after passing his test I thought i was ok to go and he sparked up..
"Umm, do you think you were following 'that van back there' a bit close?"
I said no?? ....what van??
"The van back there...."
Back where I replied??
" The van back there... in that bit " he said....
I said I was sorry and could not remember any van or any time I came close to another vehicle. I then identified the thing closest to a van on my hill ride was a red canter truck on the wellington side.. who i passed when i first lost the cop (this manouvre was textbook due to the cop being up my arse!!)
His reply was.... "Well I think you were... and have broken the 28 meter rule so I am going to ticket you" (and 30 minute fuck around.... hahaha
( the words spoken between me and cop are to the word.. as i was building something up to send through our amazing court system)
Fucking hypocrite!!
Rant over
ready4whatever
10th August 2009, 11:38
tailgaters suck big time. i went into the back of a toyota surf with my old wrx. i feel sorry for them and admit i am a prick 4 doing that. cost my insurance 5400 for my car. 400 for theirs :no:
scracha
10th August 2009, 16:16
Just this afternoon, on the way home, I passed a shitload of vehicles and never went over 110kph the whole trip. They're all in cloud-cuckoo land.
Shirley you mean 100Kph?
YellowDog
10th August 2009, 16:25
If you ride too close, you put yourself in danger.
The fine is just a helpful reminder.
Bikes are powerfull and you don't need to ride so close. The idea is that you accelerate and overtake.
If you are lane splitting, then this is a different ball game.
Take care out there.
Winston001
10th August 2009, 16:33
Yes the cop can give you a ticket but that doesn't guarantee he will be successful in court.......
Nominally true but not in the real world.
Judge - "Hmmm......here we have a police officer who's job it is to daily drive and assess traffic behaviour. Trained in traffic law. Experienced.
And then we have Mr Wobblyas, a citizen, no specific driver training or experience at estimating accurate distances, who insists he was not following too close.
I find Mr Wobblyas to be genuine and truthful but I believe he is mistaken. If Mr Wobblyas had produced other reliable witnesses who could support his opinion I might have given him the benefit of the doubt.
As it is, I prefer the officers expert evidence.
Guilty. Fine $150, court costs $130. Dismissed."
Subike
10th August 2009, 16:51
I've been on the Mainland for nigh on twenty months and my biggest gripe by far is slow drivers. I use a State Highway on a daily basis and it's as if the local yokels think that exceeding 75-80kph is going to result in certain death.
Just this afternoon, on the way home, I passed a shitload of vehicles and never went over 110kph the whole trip. They're all in cloud-cuckoo land.
we dont want speed jockies down here
go back to ya bombey hills and leave us alone here in paradise.
remember, it is the journey not the destination
Bloody northisland speed freak!:devil2:
peasea
10th August 2009, 18:38
we dont want speed jockies down here
go back to ya bombey hills and leave us alone here in paradise.
remember, it is the journey not the destination
Bloody northisland speed freak!:devil2:
110kph makes me a speed freak/speed jockey/whatever huh? What a crackup. I still get overtaken (with monotonous regularity) by sportsbike riders who are obviously bigger speed freaks than me:laugh:
peasea
10th August 2009, 18:40
Shirley you mean 100Kph?
If they're gonna give you ten percent; take it!
duckonin
10th August 2009, 18:43
Sure can
Road User Rule 2004 5.9.3 (5.9.1-4 are all applicable ) : "Drive too close to vehicle in front". $150 fine
And if you actually hit them, probably a careless driving charge.
:shit:And maybe a dead motorcyclist if on a bike....
crazyhorse
10th August 2009, 18:59
s there any law that says you can get fined for following too close.
I know that they talk about the 2 second rule in the road code but is there any legislation to back this up?
Yes, its called tail-gating. One of our guys did it to a cop - hmmm, not a good idea!
varminter
10th August 2009, 19:27
Tailgating, I think I can tell the gender of the person tailgating. If they sit real close but make no attempt to overtake until there is an overtaking lane they're female, up your arse and flash by at the first chance if not before, it's a bloke. Try it, it works.
newbould
10th August 2009, 20:17
"Umm, do you think you were following 'that van back there' a bit close?"
I said no?? ....what van??
"The van back there...."
Back where I replied??
" The van back there... in that bit " he said....
I said I was sorry and could not remember any van or any time I came close to another vehicle. I then identified the thing closest to a van on my hill ride was a red canter truck on the wellington side.. who i passed when i first lost the cop (this manouvre was textbook due to the cop being up my arse!!)
His reply was.... "Well I think you were... and have broken the 28 meter rule so I am going to ticket you" (and 30 minute fuck around.... hahaha
( the words spoken between me and cop are to the word.. as i was building something up to send through our amazing court system)
Fucking hypocrite!!
Rant over[/QUOTE]
I think you should have ranted on a lot more - to the guy's boss. he was a complete dick. Taking your side of the story as gospel he goaded you into going faster than you would otherwise and when you did that without incident he invented an infringement. If this had been a drugs charge he had just planted some green on you. He issued the ticket - argueing it wouldn't have increased your risk - he couldn't turn around and add further charges. And for sure you would be one in a line of complaints about him - maybe first in line but more likely already had a few so he would be well known to the system - probably overlooked for promotion yet again that morning.
I have a friend who was pulled over for being maori and driving a merc. that's all. Complained to the guys boss and was told "off the record" that the guy was known to have issues.
Having said all that, I think I would have pulled over and stopped altogether to try to get the guy off my tail.
DEATH_INC.
10th August 2009, 20:48
What grates me is it's ok to wobble along the motorway in the right lane at 80kph holding everyone up, but if ya tailgate the wankers to try to get them to move over you get a f*cken ticket???? :no:
The Stranger
10th August 2009, 20:58
this manouvre was textbook due to the cop being up my arse!!
Standard operating procedure in hazard county, the cops tailgate to try and encourage you to speed.
doc
10th August 2009, 21:05
What grates me is it's ok to wobble along the motorway in the right lane at 80kph holding everyone up, but if ya tailgate the wankers to try to get them to move over you get a f*cken ticket???? :no:
Buts thats the problem tailgating the wankers to try to get them to move over . They can see further ahead than you can. You weren't the bastard that caused me to be delayed by the four car shunt on the motorway last week were ya.
Overseas with the no undertaking rule, they enforce the slow pricks to keep left. It becomes quite obvious with the chaos slow drivers cause in the fast lane. So it gets enforced
What annoys me is in these gridlock situations from 4 car type shunts the pricks that constantly change lanes to keep moving then end up 1 car in front of me once the obstruction is cleared.
bikerboy011
10th August 2009, 21:08
Yes and it is unsafe, you wont have time to react if the person infront of you decides to break suddenly.
NDORFN
10th August 2009, 21:26
Tailgating is easily dealt with by means of a sharp jab on the brakes and an evil grin in the rearview mirror indicating to the tailgater that you can care less about the back of your car than he/she can about the front of thiers. Don't try this on a bike, just pull over a bit.
Jantar
10th August 2009, 22:04
I hate tailgaters. When someone is following me too close, I slow down to allow double the normal gap to the vehicle in front. That allows to react for both myself and the tailgater. If the reason he/she was tailgating in the first place was because they considered I was going too slow, then they have just made their problem worse.
BiK3RChiK
11th August 2009, 09:32
I hate tailgaters. When someone is following me too close, I slow down to allow double the normal gap to the vehicle in front. That allows to react for both myself and the tailgater. If the reason he/she was tailgating in the first place was because they considered I was going too slow, then they have just made their problem worse.
I think this is the logical thing to do. If they are in such a hurry, they'll pass soon enough and the problem is gone. :bye:
However, it amazes me lately just how many people think that travelling 80-90km/hr on the road is how it should be, slowing even further on hills and in corners, and they just won't pull to the left and let the HUGE stream of cars that have built up behind them pass, even when there is an opportunity to do so! Morons like this should be targeted by the cops because it just causes people to become frustrated to the extreme, and pull some dangerous manoeuvre, endangering both themselves and others in the process.:angry:
BiK3RChiK
11th August 2009, 09:36
Tailgating is easily dealt with by means of a sharp jab on the brakes and an evil grin in the rearview mirror indicating to the tailgater that you can care less about the back of your car than he/she can about the front of thiers. Don't try this on a bike, just pull over a bit.
Why don't you pull to the left? This manoeuvre you have just described is downright dangerous! I agree tail-gating is dangerous, but why amp it up? Do you like living on the edge? Someone might reward you one day with a wheel spanner through your drivers door window as they roar past or run you off the road...
Jizah
11th August 2009, 14:47
I think this is the logical thing to do. If they are in such a hurry, they'll pass soon enough and the problem is gone. :bye:
However, it amazes me lately just how many people think that travelling 80-90km/hr on the road is how it should be, slowing even further on hills and in corners, and they just won't pull to the left and let the HUGE stream of cars that have built up behind them pass, even when there is an opportunity to do so! Morons like this should be targeted by the cops because it just causes people to become frustrated to the extreme, and pull some dangerous manoeuvre, endangering both themselves and others in the process.:angry:
I remember them talking about policing the slow moving traffic over one of the last holiday periods. I think even helicopters were mentioned. Does anyone know if this actually happened?
The Stranger
11th August 2009, 15:09
I remember them talking about policing the slow moving traffic over one of the last holiday periods. I think even helicopters were mentioned. Does anyone know if this actually happened?
Wake up, wake up, you're dreaming again.
1wheel riot
11th August 2009, 18:35
yep there are fines like dangous driving that cover any thing.
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