Motorists that brake unnecessarily to stop the vehicle behind driving too closely – also known as ‘brake checking’ – face an unlimited fine and penalty points at least, according to a motoring expert at Lexham Insurance.
UK police classify ‘unnecessarily… braking’ as ‘careless or inconsiderate driving’. This breaches Rule 144 of the Highway Code which states motorists must not ‘drive dangerously’, ‘without due care and attention’ and ‘without reasonable consideration for other road users’.
This violates section 3 of the Road Traffic Act 1988. The resulting penalty is an unlimited fine, 3-9 points on your licence and discretionary disqualification.
In an unlikely worst-case scenario where death occurs because of careless or inconsiderate driving, the penalty is up to five years in prison and disqualification for at least a year according to Section 20 of the Road Safety Act 2006.
New data suggests one type of road-user often finds themselves on the receiving end of ‘brake checking’, the act of suddenly braking intimidate or ‘punish’ the vehicle behind, which can be caused by tailgating.
Lexham Insurance’s survey of over 500 riders of motorbikes, mopeds and scooters revealed nearly 1 in 3 (30%) experience brake checking ‘often’.
Motoring expert Andy Goodson from Lexham Insurance explains the potential ramifications of brake checking and what appropriate road behaviour looks like:
He says: “While it can be uncomfortable and frustrating to have a motorist following you close behind, it’s important to resist the temptation to brake check them as it could be perceived as breaching the law.
“The short distance leaves them very little time to respond, running the risk of a traffic collision and potentially serious harm. Regardless of how others behave on the road, safety should always remain the top priority.
“For motorists on two wheels – like a motorbike, moped or scooter – being caught off guard by a brake check means they only have a split second to react and adjust their riding. They must also balance braking force between the front and rear wheels of their vehicle. Grabbing the front brake too hard can cause the front wheel to lock and, at worst, possibly cause the vehicle to flip – especially if riding in winter where the roads can be slippery from rain or ice. Braking too hard on the rear can also potentially cause skidding.
“Ultimately, brake checking is not worth it for the sake of trying to get a motorist to back off.
“Instead, it’s wise to simply signal and move over – or take a different route entirely – when safe to do so to let them pass. This way, you can quickly and safely remove the risk from your journey without it turning into a dangerous situation.
“Increasing the distance between the car in front of you to compensate for the lack of distance behind can also mitigate any risks when being closely tailed. Should the motorist ahead of you need to brake for any reason, you then have ample room to slow down yourself and avoid forcing the motorist behind you to quickly react.
“It’s also worth considering investing in a dash cam to secure evidence that protects you, if needed.”
