VTL 1129 Following Too Closely
Written By: Benjamin Goldman, Esq.
“Following Too Closely,” otherwise known as “Tailgating,” is a 4 point violation in New York State. The maximum fine is $150 + $93 surcharge. With prior violations on your record, the fine may be higher and you may incur Driver Responsibility Assessment Fees. More importantly, this type of violation causes significant increases in your car insurance premiums.
This ticket is not usually issued on its own. Often, it is issued subsequent to a traffic accident or together with another ticket. The good news is that this particular charge can be fought, if handled properly. There are several defenses that can be used to get the violation reduced to a parking ticket or dismissed entirely. The Benjamin Goldman Law Office has had much success in handling these violations and will be glad to discuss your ticket. All consultations are free.
The following is the exact wording of the statute:
§ 1129. Following too closely.
(a) The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
(b) The driver of any motor truck or motor vehicle drawing another vehicle when traveling upon a roadway outside of a business or residence district and which is following another motor truck or motor vehicle drawing another vehicle shall, whenever conditions permit, leave sufficient space so that an overtaking vehicle may enter and occupy such space without danger, except that this shall not prevent a motor truck or motor vehicle drawing another vehicle from overtaking and passing any like vehicle or other vehicle.
(c) Motor vehicles being driven upon any roadway outside of a business or residence district in a caravan or motorcade whether or not towing other vehicles shall be so operated as to allow sufficient space between each such vehicle or combination of vehicles so as to enable any other vehicle to enter and occupy such space without danger. This provision shall not apply to funeral processions.