Fined for driving too close to a cop car

[squala]

I have to honestly say tailgaters annoy me a lot, especially those with beat-up cars that won't seem to brake early enough to avoid a collision. However, very slow drivers can cause this. They are way below the limit thinking they are safer that way. Unfortunately, there doesn't seem to be punishment for underspeeding.

Was the cop car travelling at the right speed? I'm also wondering what sort of evidence he can show in court to prove any tailgating activity. Is it more like his word against yours?

[lancervr]

Actually there is a rule for goin below the speed limit on the right hand lane... have seen ppl get done for that...

[The X]

Actually there is a rule for goin below the speed limit on the right hand lane... have seen ppl get done for that...

Rubbish.
There is a rule for not keeping left unless overtaking and that is only on roadways marked as such.
For going to slow, there is a general rule of driving in manner to be unreasonably impeeding the flow of traffic.

[lancervr]

Oh really? well those mates who got done probs got cops who were PMSing then

[bd-850]

Technically you can get get booked for driving to slow, f you are driving in a manner that will cause road rage other drivers to speed, you can get done for neg driving. Its not enforced, but it should be

[The X]

The "Australian Road Rules" hosted on the AustLii database -
http://www.austlii.edu.au/

Also copy is on the National Transportation Commission. http://www.ntc.gov.au
The Feb 2012 release of the ARRs is here www.ntc.gov.au/filemedia/Reports/ARRFeb12.pdf

The idea of the Australian Road Rules is to harmonise the road rules across all jurisdictions so they are consistent across every state.

In response to the OP

Here is the rule about safe disstance, nothing prescribed, just discretion up to the police officer

Part 11 Division 1 of the legislation

126 Keeping a safe distance behind vehicles
A driver must drive a sufficient distance behind a vehicle
travelling in front of the driver so the driver can, if
necessary, stop safely to avoid a collision with the vehicle.
Offence provision.

This is the about driving too slow

Part 11 Keeping left, overtaking and
other driving rules
Division 1 General
125 Unreasonably obstructing drivers or pedestrians
(1) A driver must not unreasonably obstruct the path of another
driver or a pedestrian.
Offence provision.
Note Driver includes a person in control of a vehicle — see the
definition of drive in the dictionary.
(2) For this rule, a driver does not unreasonably obstruct the
path of another driver or a pedestrian only because:
(a) the driver is stopped in traffic; or
(b) the driver is driving more slowly than other vehicles
(unless the driver is driving abnormally slowly in the
circumstances).
Example of a driver driving abnormally slowly
A driver driving at a speed of 20 kilometres per hour on a length of road
to which a speed-limit of 80 kilometres per hour applies when there is
no reason for the driver to drive at that speed on the length of road.

In the same Part 11 of the legislation but under Division 2

Division 2 Keeping to the left
130 Keeping to the left on a multi-lane road
(1) This rule applies to a driver driving on a multi-lane road if:
(a) the speed-limit applying to the driver for the length of
road where the driver is driving is over 80 kilometres
per hour; or
(b) a keep left unless overtaking sign applies to the length
of road where the driver is driving.
Note 1 Length of road and multi-lane road are defined in the
dictionary.
Note 2 Part 3 deals with speed-limits.
(2) The driver must not drive in the right lane unless:
(a) the driver is turning right, or making a U–turn from the
centre of the road, and is giving a right change of
direction signal; or
(b) the driver is overtaking; or
(c) a left lane must turn left sign or left traffic lane arrows
apply to any other lane and the driver is not turning left;
or
(d) the driver is required to drive in the right lane under
rule 159; or
(e) the driver is avoiding an obstruction; or
(f) the traffic in each other lane is congested; or
(g) the traffic in every lane is congested; or
(h) the right lane is a special purpose lane in which the
driver, under another provision of the Australian Road
Rules, is permitted to drive; or
(i) there are only 2 marked lanes and the left lane is a slow
vehicle turn out lane.
Offence provision.
Note 1 Centre of the road, left traffic lane arrows, obstruction,
overtake, right change of direction signal, special purpose lane, traffic
and U–turn are defined in the dictionary.
Note 2 Rule 159 deals with traffic signs that require a particular kind
of vehicle to drive in the marked lane indicated by the signs.
Note 3 Rule 329 deals with when a traffic control device applies to a
marked lane.

[malkinfalcon]

I agree that it warrants some sort of warning or small fine but do you guys realise that that fine is significantly larger than speeding through a red light!

[squala]

People tend to tailgate for two things:

1. Car in front of them is slow.

2. At a blink of an eye, someone will just cut into their lane. This is the most sickening. Just because they've signalled doesn't mean they can change lane. There must be due notice before the manoeuver, and hardly anyone does that these days.

There's no effort whatsoever to eliminate these driving styles on the road.

[Tong-sea]

If i am on your shoes, i will tell my wife im sorry, i will never do it again... Promise... Hehehe

I had my first and only speeding violation 5 yrs ago. 55k on a 50k speed limit. Wife didnt talk to me for a week because of $168 fine. Huhuhu

[DaReeD]

I didn't even know that I was doing anything wrong until the cop pulled me over. The cop was judging it through his "measurements", but if it was up 2 me I was at least 2 cars length behin him and he pulled over on the side and that's when I got close. There was a car and a truck behind me n they where tailgaiting the shit out of me n each other isn't it more dangerous for a truck to tailgate?but y didn't he get pulled over. It just pisses me off because I thought I was just gonna get a warning because I have a clean record

Could I still write a letter even though Ive only had my license for 5 years and have a clean record or do you have to have your license for at least 10years?
I'm not gonna lose my lisence over this but it's about the principle if you know Wat I mean :/

[DORA_ANNE]

I Know what you mean Johnry & this Mr Policeman just didn't like you being up close to him & that fine is unreasonable Imo with 3 points ..WOW ... saying that you just have to look at the traffic on the freeway where cars are doing 110 k's Plus & they are so close to the other cars ..... And Iam sure you being behind a police car you wouldn't of been doing any thing deliberately to attract their attention I really think like the others have said just pay the fine as Police V's You I don't think you will win & maybe cost you more If you feel you want to you can write a letter in explaining the situation ...It wont hurt doing the letter ....

[DaReeD]

Nah I wasn't doing anything stupid. The thing is I just really 4got about that rule. The cop was doing 90 on 100 zone and there was no car infront of him i couldnt over take because was only 1 lane he had to go to a truck resting zone and over took two cars to get behind me n book me. I was behind him for good 20ks I think he was just looking for a reason to book me.

Who do I write a letter to??? And how?

[ninjured]

i cant get over how hefty that penitly is. im pretty shocked you didn get a warning. i woulda pulled out infront of him after the ticket and slowed down to 20km/h. muwhaha. then prolly copped another ticket for being too slow in a 100 zone haha.

[DORA_ANNE]

Johnry I think we have all " Well maybe 90% of us have all driven to close to other cars & myself as well & with happening with you it is also a wake up call for us to be more aware I sent a letter in once because I got done on a red light camera " Sounds worse than it was " I don't do red light runners ... It was raining this day & lights went amber & couldn't brake enough in time to fully stop so I kept going so hence I got caught at the tail end of the red light ..... Anyway I had sent in a letter explaining and I got let off & at the time I had a clean license for like 10 + years ... On the fine the police gave you have a look on it "Maybe on the back " It should say where you can write to "Or contact address " And then just write your letter to explain your situation ..Not saying you will get let off But It wont hurt Imo ....

[ofey]

Was driving 90 on 100 zone behind a cop car. I cant believe it got a fine today for driving too close to a cop car. Apparently I was driving 5 metres behind him. He said you need at least 3sec gap, my dillemma is is it worth going to court about it? I got fined $397 and 3 demerit points -.-

Was it a multilane freeway?
Were all exits on this free way on the left shoulder?
Were the both of you in the right most lane?
Was traffic on the left lane or lanes then going faster than both you and him?

If and ONLY IF the answers to these 4 questions are YES, I would fight it.

At 90 kph, you wouldve had to provide a gap of about 75 metres using the 3-second rule. Closer than say 50 m would probably be tailgating.

If everyone followed the 3 second rule on the freeway, no one would be moving. Its a stupid rule that doesnt work in the real world. Fight it!

Amen brothers.
I don't even think coppers drive like this.
No one does.