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Is Brake Checking Illegal in Canada

Is Brake Checking Illegal in Canada Featured Image

Is Brake Checking Illegal in Canada

Imagine you are on a busy road, and suddenly someone breaks in front of you. How do you feel? You might get scared, angry, and injured due to the crash with the car in front of you.

As you can see, break checking is dangerous and cause severe accidents. Hence brake checking is illegal in Canada. Also, brake checking is illegal in BC, Ontario, Alberta, or anywhere in Canada.

Let’s know why it is illegal in Canada and the consequences of it.

What is Brake Checking?

Brake checking is the practice of hitting your brake repeatedly while running your car without any reason. The definition might be confusing as we all need to press the brakes on the road. However, in this context, brake checking refers to hitting the brake to cause others harm or win a road race illegally.

Why Do People Brake Checks?

For this illegal act, there are two fundamental motives:

  1. You want the car behind you, not to tailgate, so you warn them by brake checking. But there are better solutions than this.
  2. Sometimes people make ploys to obtain insurance money which is once again unlawful.

What is the Penalty for Brake Checking?

Canada’s Highway Traffic Act and Traffic Safety Act have been established to ensure a safe journey on the road. We often see people violating traffic rules and regulations. Some have ill intentions, such as brake checking, that can result in a deadly car crash.

So, if you get charged for brake checking, several penalties will be pressed against you, as follows.

  • You will get two demerit points in your break checking, which will be on your driving record.
  • There will be a fine too, and the amount is indefinite. However, be sure that the fine will be hefty. So let’s leave this part to your imagination.
  • You might also have to serve prison if a collision results in a fatal accident.

Who Will Be Punished for Brake Checking?

Determining the fault in brake checking is complicated because of several factors. However, everything boils down to the proof of the intention. For instance, one might have to brake repeatedly because the car in front of them is doing it.

On the other hand, people might do it intentionally to get settlement money!

Simply put, the court will check the circumstances thoroughly to impose the ultimate penalty for brake checking. They ask for evidence, and people try to provide as much evidence as possible to prove the accused party guilty.

What is Brake Checking & Why Do People Do It?

Should I Report to the Police About Brake Checking?

Of course, because the driver can try it on other drivers, thus there could be accidents. If you report to the police, you will be at an advantage for reporting to the police first.

Additionally, if you’re brake checked, and there has been a collision, you must report it to the police. Most importantly, you might have to give compensation for the damages. By filing a lawsuit, you can save yourself from hefty penalties.

What to Do If Someone Brake Checks You?

As mentioned earlier, you need to report it to the police. But before that, you can try basic solutions because the driver behind you might need to realize that they are brake-checking you.

The best solution is to move away from the lane. The driver knows why they are doing it. So, you do your part right instead of following the car. Besides, you might get charged for tailgating if you do otherwise.

To Conclude

Brake checking is a common activity on the road. It’s not legal even if you try to warn the tailgater. Thus, it’s best to swerve away to a different lane. We hope this article helped you know why brake checking is illegal in Canada.

If you need any help regarding brake checking or tailgating cases, you need to consult an experienced lawyer soon.

What is the Charge for Hit and Run?


If you have more queries– check these questions below. They will provide you with further information on brake checking in Canada.

What is Brake Checking a Tailgater?

When you brake check a tailgater, you send them a message to move away right behind your car. Break checking is illegal. But tailgating is prohibited too, as it results in car crashes. Sometimes people do it in moderation to earn the car behind them, not to tailgate. However, it’s best to move away.

What Happens if You Brake-Check Someone and They Hit You?

Break checking is only allowed if you brake check a tailgater. That’s why, when a tailgater hits you for break checking, you need to prove they were tailgating you. You might be charged for brake checking.

What Do You Do if a Tailgater Follows You?

The best decision is to let the tailgater pass. For that, you can move the car right, so the other car drives away. Remember that it is not wise to do anything that will upset the tailgater, such as yelling, gesturing at them, etc.

Why Do People Brake-Check Others?

As the break-checking case suggests, people mainly break checks to obtain insurance money. Some people might do it as a fun activity, especially unruly citizens. Also, sometimes people do it to warn the driver behind them to move away.

How Much is a Brake Check Ticket?

The fine is indefinite. Generally, the amount of fine is hefty. Brake checking is an illegal driving act, and you could be penalized with two demerit points and two years of jail term.