During the CVSA’s 
Operation Safe Driver Week (July 12-18), law enforcement across Santa Barbara County, CA, will place a primary focus on following too close or tailgating.
CA Vehicle Code (CVC) Section 21703 defines following too closely as:
“The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicle and the traffic upon, and the condition of, the roadway.”
For commercial drivers, this is a precarious time because "following too closely" is frequently a subjective call based on an officer’s visual estimation.
In the heavy summer traffic on U.S. Route 101, State Route 1 (PCH), and SR 154, maintaining a standard gap is often impossible, yet the FMCSA classifies this as a “serious offense.”
The Subjectivity of "Visual Estimation"
When an officer cites you for following too close or tailgating, they are often relying on their perception or opinion rather than a measuring device.
However, all the CVC says is “reasonable and prudent.” What’s reasonable or prudent to you might not be to the ticketing officer, and the judge might have an entirely different view of the distance.
Sure, the judge will usually respect the judgment of the officer on the scene; that’s why busy commercial drivers usually hire a CDL traffic attorney to present their side of the incident to the judge.
In Santa Barbara County, CA, the CHP Coastal Division will use portable scales and temporary inspection sites to increase interactions with commercial vehicles during Operation Safe Driver Week.
A common issue for truckers is "brake checking." Under CVC 22109, Turning and Stopping and Turning Signals, it is illegal for a driver to stop or slow down without signaling suddenly.
“No person shall stop or suddenly decrease the speed of a vehicle on a highway without first giving an appropriate signal in the manner provided in this chapter to the driver of any vehicle immediately to the rear when there is opportunity to give the signal.”
However, an officer watching from a distance may misinterpret another vehicle's sudden braking or “brake checking” as the commercial vehicle following too closely or tailgating.
Brake checking has become a significant problem for commercial drivers nationwide.
A traffic attorney can help you challenge the officer’s "visual estimation" by questioning their training, their distance from the vehicles, or the specific traffic conditions.
Penalties for an FMCSA Serious Offense
Santa Barbara County judges take this violation seriously because it is a leading cause of large truck crashes.
Although it is a “minor infraction” in CA with a fine of around $238, the penalties at the FMCSA can be severe for a second conviction within three years:
- First Conviction: Results in 1.5 NOTS points added to your CA DMV record for three years. The DMV notifies the DOT FMCSA, which posts the record in the driver’s PSP and the carrier is assessed two CSA severity points under the new system, the highest penalty.
- Second Conviction: If you receive a second conviction for a serious offense within three years, the FMCSAmandates a 60-day driver disqualification.
- Third Conviction: A third conviction within three years results in a 120-day disqualification. Repeating convictions can lead to a lifetime ban.
Your best option could be to hire a CDL traffic attorney to present your case in Santa Barbara County Courthouse.
Ask Bigger & Harman About Following Too Close or Tailgating in a CMV
If you were cited for following too close or tailgating in Santa Barbara County, CA, do not simply pay the fine. A conviction could impact your career for years.
Call Bigger & Harman, APC, at (661) 349-9300—859-1177 para Español. We understand the procedures for the Santa Barbara County courthouses.
You can also email us at mailto:attorney@biggerharmanlaw.com or use our website contact form.
Bigger & Harman regularly defends clients in Santa Barbara and the Miller Division Courthouse in Santa Maria. Call for a free, no-obligation consultation.
Download our e-book, Protecting Your Commercial Driver License.
❓ Frequently Asked Questions (FAQ) Section
Q: What is a "safe" following distance for an 18-wheeler?
A: The CA traffic code says, “a vehicle shall not follow another vehicle more closely than is reasonable and prudent.” It does not specify a precise following distance, though most seasoned commercial drivers know their vehicle’s safe stopping distance.
Q: Is brake checking illegal in California?
A: Yes. CVC 22109 and CVC 23103 classify intentional brake checking as illegal and a form of reckless driving, which is a misdemeanor offense in CA.
Q: What happens if I’m cited for following too close or tailgating on SR 154 or Route 101?
A: Your ticket will likely be handled at the Santa Barbara or Santa Maria Courthouse. Check your court notice and contact us for assistance.
References:
CVC Section 21703, Following Too Close & Section 22109, Turning and Stopping and Turning Signals.