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Following Too Closely

Following Too Closely

Ontario Provincial Offences


The Ontario Highway Traffic Act (HTA) states that the driver of a motor vehicle should not follow another vehicle too closely. Generally, this should be at least two seconds of following distance between your car and the car in front of you. The two-second rule is a great guideline, but it can vary depending on the speed limit and other circumstances.


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Following Too Closely

Are you a driver who loves to follow the rules of the road? If so, you may be in for a surprise if you make a trip to Ontario. Following too closely is a violation of Ontario's Highway Traffic Act, and it's one of the most common driving offences in the province.


What is Following Too Closely?

Following too closely, or tailgating, is a serious driving offence in Ontario. It occurs when a vehicle is following another vehicle too closely, or not leaving enough space between them. This can be dangerous as it can lead to rear-end collisions. It's important to leave enough space between you and the vehicle in front of you, especially in high-traffic areas or inclement weather.


Penalties for Following Too Closely

If you are caught following too closely, you will be charged with an offence and fined. The fines can range from $85-$490, and you will also receive two demerit points on your driver's licence. Depending on the severity of the incident, you may also receive a licence suspension. It's important to note that if you are convicted of the offence more than once within a two-year period, your fines will double and you will receive four demerit points instead of two.


Safety Tips

The best way to avoid being charged with following too closely is to be aware of your surroundings and leave enough space between your vehicle and the one in front of you. If you are driving in wet, icy, or snowy conditions, be sure to leave even more space. You should also keep your eyes on the road ahead and always be aware of what other drivers are doing.


In summary, following too closely is a serious offence in Ontario and can result in fines, demerit points, and even a license suspension. It's important to be aware of your surroundings and leave enough space between you and the vehicle in front of you. Being a safe and aware driver can help you avoid being charged with this offence.





Defending Your Ticket

In Ontario, following too closely is a major traffic violation that can lead to serious consequences. It’s important for drivers to understand the laws surrounding this offense and know what defenses are available to them if they’re charged with following too closely.


Following too closely is defined in the Highway Traffic Act as driving so as to be “unreasonably close” to the vehicle ahead. The act doesn’t specify a precise distance, which means that the court must decide if the following distance was reasonable given the circumstances. Factors that the court will consider include the speed limit, the road conditions, and the amount of traffic.


Defenses for following too closely can include any of the following:

1. The driver was not actually following too closely. The court will consider the circumstances and decide whether the driver’s following distance was reasonable.


2. The driver was forced to follow too closely due to the actions of another driver. For example, if another driver suddenly braked, the following driver may have had no reasonable choice but to follow too closely in order to avoid a collision.


3. The driver was following too closely for a legitimate purpose. For example, a driver may have been following too closely in order to safely pass a slow-moving vehicle.


4. The driver was following too closely due to a mechanical issue. If a driver’s brakes or other vehicle components failed, the driver may not have been able to maintain a safe following distance.


Having a good understanding of the laws surrounding following too closely and the possible defenses available can help drivers make informed decisions if they’re charged with this offence. If you’re ever in this situation, make sure to speak with Cordaie Paralegal Services to ensure that your rights are protected.


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Following too Closely

Some common information about following too closely tickets.


Following Too Closely


Section 158 of the Ontario Highway Traffic Act states:

"The driver of a motor vehicle or street car shall not follow another vehicle or street car more closely than is reasonable and prudent having due regard for the speed of the vehicle and the traffic on and the conditions of the highway."


Following Too Closely: Penalties


If you are convicted of "following too closely", you may face these penalties:

  • There is a minimum fine of $110 and a maximum fine of $500
  • Four demerit points
  • A 30-day suspension of a driver's license is possible
  • An insurance company can use your driving record to determine your rate if you have a conviction on your record


Frequently Asked Questions


Here are answers to some common questions. 

Following Too Closely in Ontario


  • What does it mean to follow too closely?

    Having due regard for the speed of the vehicle, the traffic on the road, and the conditions of the highway, the driver of a motor vehicle or street car shall not follow another vehicle or street car more closely than is reasonable and prudent.

  • Is there a set distance that proves I was following too closely?

    Not at all. Driving too closely is an offence found in Section 158 of the Ontario Highway Traffic Act. It is committed when a driver follows another vehicle at too close a distance. It is difficult for a prosecutor to prove this offence.


    Depending on the road conditions and the street or highway you were on, a reasonable and prudent distance will vary.


  • How can I fight this type of ticket?

    If you were accused of following too closely, you could argue that the distance you were following was reasonable. Some people claim their brakes failed. As a result, this excuse is usually not worth using unless you have proof.


    Prepare your argument before fighting a ticket for following too closely by arguing that you were following at a reasonable distance. It is important to know the distance between you and the vehicle you were following, what action you took to avoid the accident, and what action the other vehicle took that affected you.


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