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Issue Brief: Aggressive Driving |
The term aggressive driving covers a range of unsafe driver behaviors. State aggressive driving laws define what constitutes an aggressive driving offense and stipulate the related fines and penalties. Often, a driver must demonstrate more than one action to be considered aggressive.
To date, 14 states have addressed aggressive driving in their legislatures:
State |
Aggressive Driver Actions |
Comments |
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Speeding and least two of the following: failure to obey traffic control device, passing on the right out of regular lanes of traffic, unsafe lane change, following too closely, failure to yield right of way; and the person's driving is an immediate hazard to another person or vehicle. |
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Causing certain bodily injuries to people other than driver. Specifically cites drivers engaged in speed contests. |
Amended reckless driving law to include aggressive driver actions. |
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At least three of the following: failure to obey traffic control device, passing on the right, driving outside the lanes of traffic, following too closely, failure to yield right of way, failure to signal, failure to stop or yield at signs, passing a stopped school bus, speeding. |
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At least two of the following: speeding, unsafe or improper lane change, following too closely, failure to yield right of way, improper passing, failure to obey traffic control devices. |
Statute does not permit enforcement |
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Intent to annoy, harass, molest, intimidate, injure or obstruct another person, while doing one or more of the following: overtaking and passing another vehicle; violating traffic lane markings; following too closely; violating signal, lane change, slowing or stopping laws; impeding traffic flows; reckless driving. |
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Intent to harass or intimidate a person in another vehicle while committing at least three of the following: following too closely, unsafe operation, passing on the right off of roadway, unsafe stopping or slowing, unnecessary sounding of the horn, failure to yield, failure to obey traffic control device, speeding, repeatedly flashing headlights. |
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At least three of the following: failure to obey traffic control device, overtaking and passing, passing on right, driving on laned roadways, following too closely, failure to yield right of way or speeding. |
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Within one mile: speeding, creating an immediate hazard for other drivers and at least two of the following violations: failure to obey traffic control device, passing on the right off of paved roadway, following too closely, lane violation, failure to yield right of way. |
In 2007, Nevada increased penalties for subsequent offenses. |
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New Jersey aggressively enforces against aggressive driving. It adjudicates these infractions under title 39, through existing laws. Depending on the infraction, the offense may be adjudicated under 39:4-97 (Aggressive Driving), 39:4-97 (Careless Driving), 39-4-97.2 (Operating a vehicle in an Unsafe Manner) or any other statute at the discretion of the officer. |
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Speeding and driving carelessly and heedlessly in willful or wanton disregard of the rights or safety of others while committing at least two of the following violations: running a red light, running a stop sign, illegal passing, failing to yield right of way, following too closely. |
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Passed resolution to encourage drivers to drive courteously and defensively, not aggressively. Pennsylvania House resolved to support measures that would promote safe driving practices. |
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Speeding and at least two of the following: failure to obey traffic control device, passing on the right, driving outside the lanes of traffic, following too closely, failure to yield right of way, entering roadway unsafely, failure to use turn signals, failure to stop or yield at signs, use of emergency lane for travel. |
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Reckless driving defined as willful and wanton disregard for safety of persons or property or three or more moving violations in a single continuous period of driving. |
Amended reckless driving law to include aggressive driver actions. |
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Is a hazard to others with the intent to harass, intimidate, injure or obstruct another person while committing at least one of the following: failure to drive on the right side of highway, driving outside of marked lanes, following too closely, failure to yield or stop before entering roadway, failure to obey traffic control device, passing when overtaking a vehicle, passing on right, failure to yield right of way, speeding, stopping on a highway. |
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Total |
14 States |
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Sources: National Conference of State Legislatures (NCSL), National Highway Traffic Safety Administration (NHTSA) and State Highway Safety Offices. Most recently reviewed July, 2008.