Following Too Closely Charges (Highway Traffic Act 158)

The offence of following too closely, as outlined in Highway Traffic Act section 158, raises questions about what constitutes a safe distance between vehicles. While the law does not specify an exact measurement, it is often interpreted by law enforcement based on a guideline of one car length per ten kilometres of speed.

Definition of Following Too Closely:

The Highway Traffic Act section 158 states that drivers must not follow another vehicle more closely than is reasonable and prudent, considering the vehicle’s speed, traffic conditions, and highway conditions.

Interpreting Safe Distances:

Law enforcement and the courts typically consider the one-car-length-per-ten-km/h guideline, although the definition of “reasonable and prudent” is open to interpretation. For instance, at 60 km/h, it is generally believed that there should be a minimum of six car lengths between vehicles.

Penalties for Following Too Closely:

A following too closely charge carries several penalties, including:

• Fine: Ranging from $110 to $500
• Demerit Points: Four (4) points on your driving record
• License Suspension: Thirty (30) days for G1, G2, M1, and M2 drivers
• Conviction on Record: Stays on your driving record for three years
• Insurance Impact: Can affect your insurance rates

Commercial Motor Vehicles:

Commercial vehicles driving at speeds over 60 km/h must maintain a distance of at least 60 meters from other vehicles. This rule allows commercial vehicles to overtake and pass others, but under normal driving conditions, they must adhere to the 60-meter rule.

Following Too Closely in Accident Cases:

In rear-end accidents, drivers are often charged with following too closely. To convict someone of this charge, a witness must testify that they observed the following vehicle maintaining an unsafe distance.

However, in many rear-end accidents, the situation involves one vehicle suddenly stopping, leaving the following driver insufficient time to react. Expert cross-examination can often challenge the notion of prolonged “following,” leading to favorable outcomes for the accused.