Free Traffic Legal Advice

General discussion => The Flame Pit => Topic started by: barricade_1985 on June 13, 2024, 10:35:56 am

Title: Re: Is tapping brakes brake checking?
Post by: roythebus on June 14, 2024, 07:44:19 am
My latest car brake checks all the time on the motorway, I use cruise control and it's got one of thse radar things that keeps me a "safe distance" from the car in front. It's right PITA car braking when I'm changing lanes and want to keep my speed up. Not my careless driving.
Title: Re: Is tapping brakes brake checking?
Post by: andy_foster on June 13, 2024, 11:24:19 am
As "brake checking" is not a specific offence or legal term, whether or not something constitutes "brake checking" is irrelevant.

Careless driving is an offence. Whether or not you were driving carelessly is not possible to determine from the information provided.

N.B. It is trivial to engage the brake light without actually slowing down.
Title: Re: Is tapping brakes brake checking?
Post by: DWMB2 on June 13, 2024, 11:08:04 am
I noticed he had a dashcam.
If his driving was as poor as you describe, he may be somewhat reluctant to share footage of it with the police...
Title: Re: Is tapping brakes brake checking?
Post by: Southpaw82 on June 13, 2024, 10:56:02 am
If you brake for no reason and increase the likelihood of a collision then I see no reason why it could not be careless or inconsiderate driving.
Title: Is tapping brakes brake checking?
Post by: barricade_1985 on June 13, 2024, 10:35:56 am
(used to post this in pepipoo but looks like that forum is sadly gone :-( )

I was driving in a dual carriage way which starts off at 30 and then becomes 40, and had an idiot tailgating me the entire time and I felt he was being really aggressive. He had a passenger.

I didn't brake check him although I slightly tapped on the brakes to slow down a tad (say go down to 35-38) before going back to 40 to more regulate. There weren't any cars in front of me, and there were cars in the lane to my left so he couldn't overtake immediately.

My intention wasn't to catch him out but part of me did want to let him know he was too close. I don't think I braked sharply although it may have looked this way (it might have looked jolty).

When he got the opportunity to overtake after a set of lights he did and I think ended up going 50-60 into the distance.

I noticed he had a dashcam. My worry is could he say I brake checked him and get me in trouble?  :-\