Offence Overview
Under the Australian Road Rules, long vehicles must maintain a safe following distance from another long vehicle in front of them. When a long vehicle fails to keep the minimum distance, the driver may be charged with travelling too close to long vehicle in front.
This offence is sometimes referred to as tailgating.
The minimum distance is dependent on whether the long vehicle is a road train or not and is as follows:
- Road train behind a long vehicle: 200 metres
- Long vehicle other than a road train behind a long vehicle: 60 metres
Penalties for Heavy Vehicle Drivers
Penalties depend on the jurisdiction you are charged in and whether the offence occurs in a Safe-T-Cam zone or an average speed zone. The following penalties are for offences not occurring in a Safe-T-Cam or an average speed zone.
State | Penalties |
NSW | Maximum fine of $2,200 and 3 demerit points. |
VIC | Maximum fine of $2,035.10 and 1 demerit point. |
QLD | Maximum fine of $3,338 and 1 demerit point. |
SA | Maximum fine of $2,500 and 1 demerit point. |
TAS | Maximum fine of $2,050 and 1 demerit point. |
ACT | Maximum fine of $3,200 and 1 demerit point. |
Key Elements of the Offence
To prove the offence, the prosecution must establish:
- The vehicle was a ‘long vehicle’ as defined in the regulations; and
- The long vehicle did not keep the minimum distance; and
- The driver was not driving on a multi-lane road or any length of road in a built-up area or overtaking.
Our Defence Approach
At Highway Advocates, we regularly defend drivers of long vehicles charged with this offence. Our approach involves:
- Scrutinising the road and traffic conditions (weather, visibility, road surface, traffic flow).
- Examining the vehicle dynamics to assess stopping distance (load, tyres, trailer).
- Reviewing speed and spacing.
- Whether the long vehicle in front’s manoeuvres were sudden and unforeseeable, reducing the client’s culpability.
- Assessing procedural issues in the NHVR’s measurement of the distance.
Our aim is to have penalties reduced, charges dropped and licences saved to keep you on the road where you belong.
Have You Been Charged With an Offence of Drive Too Close to Long Vehicle in Front?
A ‘long vehicle’ is defined as a vehicle with any load or projection, 7.5 metres or longer.
The minimum distance for a road train travelling behind a long vehicle is 200 metres. The minimum distance for a long vehicle other than a road train travelling behind a long vehicle is 60 metres.
No. The minimum distance requirement only applies outside built-up areas and on single-lane roads.
The NHVR may estimate distance by reference to markers, time gaps or vehicle position. Disputing the accuracy of that estimate can be an important part of your defence.
The rule expressly allows drivers to follow at a close distance while overtaking, provided you complete the manoeuvre safely and within a reasonable time.
Don’t provide a statement. Contact Highway Advocates immediately so we can evaluate the evidence and prepare your defence.
If you’ve received an infringement notice or a Court Attendance Notice for travelling too close to a long vehicle, call Highway Advocates now on 0488 01 01 01 for expert legal advice.
Act early for the best result.