Aggressive Driving Laws

November 2009

The term aggressive driving covers a range of unsafe driver behaviors. State laws define what constitutes aggressive driving 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:

  • 11 states have passed aggressive driving laws
    • 1 state (Florida) is prohibited from enforcing their aggressive driving law by state statute.
  • 2 states (California and Utah) have amended existing reckless driving laws to include aggressive driving.
  • 1 state (Pennsylvania) has passed a resolution against aggressive driving.

State

Aggressive Driver Actions

Comments

Arizona 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 is an immediate hazard to another person or vehicle.  
California 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.
Delaware 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.  
Florida 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
Georgia 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.  
Indiana 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.  
Maryland 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.  
Nevada Within one mile, commits all of the following: 1) speeding; 2) at least two of the following: 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; and 3) creating an immediate hazard for another vehicle or person. In 2007, Nevada increased penalties for subsequent offenses.
New Jersey   New Jersey enforces against aggressive driving under title 39, through existing laws.  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.
North Carolina 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 or stop sign, illegal passing, failing to yield right of way, following too closely.  
Pennsylvania   Passed resolution to encourage drivers to drive courteously and defensively, not aggressively. The House also resolved to support measures that would promote safe driving practices.
Rhode Island Speeding and at least two of the following: failure to obey traffic control device, overtaking 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.  
Utah 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.
Virginia 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.  
Total 14

Sources: National Conference of State Legislatures (NCSL) and State Highway Safety Offices.