Aggressive Driving

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The contents of this Transportation Review have been updated in NCSL's most recent report entitled Aggressive Driving: Background and Overview Report.

Aggressive Driving

Updated 10/29/98

Overview
Federal Action
State Action
Evidence of Effectiveness
Conclusion
Aggressive Driving Bills Summary
Links to Reports and Other Information

Prepared by Jan Goehring, Senior Policy Specialist, NCSL Environment, Energy and Transportation Program

Overview

Almost every day the media report another horrible incident involving aggressive driving or, in its most extreme form, road rage. Speeding, weaving in and out of traffic, following too closely, yelling and gesturing are actions that characterize the aggressive driver. In some cases the behavior escalates into a duel between two cars, often with fatal results. Studies show an increase in these kinds of incidents over the past several years. Reported incidents of aggressive driving have increased by 7 percent every year since 1990, according to an American Automobile Association Foundation for Traffic Safety study.

Psychologists examining the phenomenon of aggressive driving see anger as the root of the problem. California psychologist Arnold Nerenberg considers road rage to be a psychological condition and has developed a new diagnosis called "road rage disorder." He defines road rage as a "driver reacting with anger at another driver; the anger is expressed overtly and communicated to the other." Road rage is dangerous to the individual expressing it and is dangerous because of potential retaliation. Nerenberg also sees a familial connection to the disorder. A child growing up with someone demonstrating road rage creates a predisposition to later develop the same behaviors.

Nerenberg describes four major traffic situations that trigger road rage:

Feeling endangered, such as being cut off;
Being detained by other drivers who are going slowly;
Watching other people breaking the rules of the road;
Feeling the need to retaliate.

The disorder exists when someone fires a gun, uses the car as a weapon, brandishes a weapon against another driver or stalks them. Traffic behaviors such as cutting in front of other drivers, slamming on the brakes to surprise a tailgater, obscene gestures and yelling, honking the horn, and flashing headlights repeatedly are considered psychologically pathological if exhibited twice within a one-year period.

"Aggressive driving is not extreme any more; it has become a cultural norm on the highway," says traffic psychology Professor Leon James. He sees that more angry exchanges are occurring between drivers and that a culture of disrespect exists on the roads. Children learn this behavior from their parents, cartoons and the media. Road rage is the habit of aggressive driving.

James describes three types of road rage. Verbal includes yelling, gesturing, honking and insulting. Quiet road rage involves complaining, rushing, resisting and competing. Finally, epic road rage is cutting drivers off, blocking, chasing, fighting and shooting.

The first step to conquering road rage begins with acknowledgment of the feelings of impatience, frustration, anger and intolerance that drivers experience. Second, drivers should try self-witnessing behind the wheel. James suggests drivers get to know their driving personality by pretending to give a play-by-play summary of their drive, speaking out loud. He even suggests putting a tape recorder in the car to record drivers’ comments. The third step is to modify driving behaviors one at a time. The goal is to become a supportive driver as opposed to an aggressive or defensive driver.

James advocates for emotions-based driver’s education in elementary school. He says the classes need to start at this young age before the children learn an attitude of disrespect on the roads. It’s a matter of developing the emotional fitness to start driving as a teenager.

With the growing attention on aggressive driving and the severity of recent incidents, many groups have come together to address the problem. Law enforcement agencies across the country are developing programs to make the roads safer. Twenty-two states have implemented enforcement programs aimed specifically at aggressive driving. For example, the Ohio Highway Patrol started a statewide aggressive driver program known as "Targeting Reckless and Intimidating Aggressive Drivers" (TRIAD). The effort uses aircraft and ground units to pursue violators.

The Citizens Against Speeding and Aggressive Driving (CASAD) group formed in February 1997 in response to the many dangerous driving incidents in the Washington, D.C., region. The group’s goals are to slow down traffic, reduce aggressive driving and increase safety on the roads. CASAD plans an approach that includes:

Increasing public awareness of the dangers of speeding and aggressive driving;
Petitioning local governments for increased resources to support traffic law enforcement;
Studying and making recommendations on traffic calming techniques;
Assisting victims of crashes and their families;
Demanding better education for new drivers; and
Promoting transportation planning that focuses on safety.

Federal Action

No specific action has been taken on the federal level to require states to take action against aggressive driving. Recognizing, however, that aggressive driving has become a highway safety problem, the House Committee on Transportation and Infrastructure, Subcommittee on Surface Transportation held a hearing about aggressive driving on July 17, 1997. The goal of the hearing was to learn about the causes and dangers of aggressive driving and to discuss what actions are being taken to curb the problem. The subcommittee members heard from safety advocates, law enforcement, citizens groups, the insurance industry and psychologists.

State Action

Legislatures have begun examining ways to deal with dangerous drivers. Last year, Maryland and Virginia introduced legislation to create specific penalties for aggressive driving offenses. Although none of the bills passed, interest in the issue has grown. Nine states introduced a total of 23 bills in 1998. Maryland and Virginia are again considering several aggressive driving bills. Arizona, Connecticut, Hawaii, Illinois, Nebraska, New York and Washington also introduced legislation on the topic this year. Two bills have passed so far. Arizona passed a law creating the offense of aggressive driving. The offense occurs when a driver speeds and commits two other traffic violations creating an immediate hazard to another. Virginia enacted legislation to require that driver’s education offered in the public schools contain curriculum about aggressive driving.

Most of the bills try to define a specific aggressive driving offense and set out penalties for it. For example, the Washington bill describes aggressive driving as an offense where a driver commits any two or more specific traffic violations within five consecutive miles in a manner that "intimidates or threatens another person." Other definitions include:

Driving that intentionally creates a risk of harm or endangers the safety of another;
Operating a vehicle with a wanton or reckless disregard for another;
Driving that evidences dangerous conduct contributing to the likelihood of a collision or evasive action by another; or
Driving in a deliberately discourteous and impatient manner.

The legislation proposed in Illinois envisions a continuum of traffic offenses from the existing moving violation to the next more serious level of a new aggressive driving offense. Reckless driving follows and a proposed offense of road rage constitutes the next level.

Proposed legislation in Hawaii, Nebraska, New York and Virginia also talks about brandishing or displaying a weapon in a manner that induces fear in another as one component of aggressive driving.

Attacking aggressive driving through driver’s education is another approach. Penalties proposed in Arizona and Connecticut require attendance at driver training programs aimed at dangerous driving behavior. Maryland is proposing that driver improvement courses address aggressive driving and how to modify it. The Virginia bill to require that driver’s education courses offered through the schools include instruction about aggressive driving was signed by the governor March 13, 1998.

Other options for state legislatures might include increasing fines and penalties for traffic offenses, enacting primary seatbelt laws to protect motorists, authorizing camera enforcement programs for red-light runners and speeders, increasing funding to step up enforcement efforts, and adopting graduated licensing for new drivers.

Evidence of Effectiveness

The Virginia law requiring driver’s education to include a section on aggressive driving has just gone into effect and its impact is unknown. Law enforcement efforts in Arizona and the Washington, D.C., area have met with positive support from the public. Although it is difficult to measure the success of the law enforcement programs, proponents believe they have been successful.

Conclusion

Recent media reports highlight the growing concern over aggressive driving. Aggressive driving has become very real and very deadly in many areas of the country. Safety and law enforcement groups have developed programs to target the problem. Legislators have introduced a flurry of bills to combat aggressive drivers. These actions have encouraged enforcement and increased the visibility of the issue. State legislatures play a key role in ensuring the safety of the roads and are in a unique position to address the worries and fears about aggressive drivers in each state.

Aggressive Driving Bills Summary

Nine states introduced a total of 23 aggressive driving bills in 1998. Only two bills, the Arizona aggressive driving bill and the Virginia driver’s education requirement have been enacted so far.

Arizona	Connecticut	Hawaii
Illinois	Maryland	Nebraska
New York	Virginia	Washington

Arizona

HB2311

Adds section for the offense of aggressive driving. Aggressive driving occurs when a driver speeds and commits two or more listed offenses that include failing to obey a traffic control device (including a prohibition against driving over the "gore" area entering or exiting a highway), driving recklessly, passing a vehicle on the right by traveling off the pavement, changing lanes erratically, following too closely and failing to yield right of way. The person’s driving must be an immediate hazard to another person or vehicle. Classifies aggressive driving as a class 1 misdemeanor. In addition to other penalties allowed by law, it requires drivers convicted of the offense to attend driver training and education. Allows for the suspension of the driver’s license for 30 days. If a driver is convicted of a second offense within 24 months, the person is guilty of a class 1 misdemeanor and his driver’s license will be revoked for one year in addition to other penalties allowed by law. Approved by the governor May 26, 1998.

Connecticut

HB5267

Creates a penalty for aggressive driving of not more than $250 and a 30-day driver’s license suspension. Aggressive driving is defined as driving "in a manner that evidences a pattern of dangerous conduct contributing to the likelihood of a collision or necessitating evasive action by another operator of a motor vehicle to avoid a collision."

HB5675

Allows the commissioner of Motor Vehicles to require a driver with two or more moving violations in one year to attend a class about controlling aggressive driving. Requires drivers convicted of driving recklessly or failing to stop when directed by a police officer to attend the class.

Hawaii

SB2054

Creates the offense of aggressive driving that includes operating a vehicle:

In a contentious or antagonistic manner that endangers the safety of another or of property;
With a willful and wanton disregard for the life, limb or property of another;
While either the driver or a passenger is brandishing a firearm, or any object similar in appearance, in such a manner as to reasonably induce fear in the mind of another;
In a threatening or intimidating manner with intent to cause another motorist to lose control or be forced off the highway.

The offense is punishable by a fine of not less than $200 nor more than $2,500 and jail time for not less than one month nor more than one year. Forty-eight hours of such time will be a mandatory minimum sentence not subject to suspension by the court. The court will assess five points against the driving record of people convicted of this offense. An accumulation of 10 points will lead to driver’s license suspension for three to six months; 15 points will lead to a suspension for one to three years.

Illinois

HB2509

Creates the offense of road rage for any person who intentionally drives a vehicle, with malice, in such a manner as to endanger the safety or property of another. It is a class A misdemeanor. Aggravated road rage occurs when the violation results in great bodily harm or disfigurement to another and is a class 4 felony. Road rage violations result in mandatory driver’s license revocation. Also creates the offense of aggressive driving when a person operates a vehicle carelessly or heedlessly in disregard for the rights of others, in a manner that endangers or is likely to endanger any property or person, or committing three or more traffic offenses. Aggressive driving is a class B misdemeanor and a second offense is a class A misdemeanor. Passed the House March 27, 1998.

Maryland

HB292

Creates the offense of aggressive driving "if a person drives a motor vehicle in a deliberately discourteous, intolerant, and impatient manner that evidences a pattern of dangerous conduct contributing to the likelihood of a collision or necessitating evasive action by another driver of a motor vehicle to avoid a collision."

HB 294

Requires curriculum in driver improvement courses to address aggressive driving to raise awareness of the behavior, modify aggressive driving behavior, and provide information on alternative methods for dealing with impatience, frustration, anger and intolerance on the roads.

HB989

Requires the Motor Vehicle administrator to assess points for multiple violations committed by an aggressive driver. Aggressive driver is defined as a person convicted of four or more violations occurring at the same time or three violations with one of the offenses being exceeding the speed limit by at least 30 mph.

Nebraska

LB1188

Amends the offense of reckless driving to include driving in a threatening or intimidating manner that includes flashing headlights, honking the horn and following too closely. Also adds pointing a firearm or weapon while driving as another component of reckless driving.

LR 373

Studies the ways the state may provide penalties and enforcement against aggressive driving or road rage.

LR 391

Creates a study committee to examine the way the state may address the problem of aggressive driving or road rage through modification of existing laws, rules and regulations and other programs.

New York

AB8817/S5959

Creates the offense of aggressive driving that includes: operating a vehicle in a reckless manner that creates a substantial risk of serious physical injury to another; displaying a weapon or what appears to be a weapon in such a manner to place another person in reasonable fear of injury or death; or operating a vehicle in such a manner as to place another in reasonable fear of physical injury or death. Classifies aggressive driving as a class E felony. Requires aggressive driving education as a prerequisite for obtaining a driver’s license.

AB9713

Authorizes the governor’s Traffic Safety Committee, with cooperation with other agencies, to develop and implement a public education campaign about aggressive driving. Titled the Aggressive Driving Awareness Act.

AB10037

Authorizes the Department of Motor Vehicles in consultation with AAA to study the effects of drivers training programs on the incidence of traffic violations and road rage.

SB 6956/AB11118

Requires that pre-licensing and defensive driving courses devote a minimum of 15 minutes of instruction to road rage awareness. Topics to be covered include the hazards of driving while under the influence of "road rage," the sanctions for road rage related violations and the biological and medical effects of the development and expression of road rage.

SB 7328

Directs the state police to establish the Stop Aggressive Vehicular Encounters Program and to provide for increased, concentrated and collaborative enforcement of certain provisions of the vehicle and traffic law. Encourages local police participation in such a program.

SB 7451/AB10968

Creates the crimes of criminally aggressive driving in the third, second and first degrees. Aggressive driving in the third degree includes driving with intent to harass, annoy or alarm another person in a manner contrary to law, or changing lanes or speed in a manner that serves no legitimate purpose and creates a substantial risk of injury or death to another. Second degree includes: recklessly creating a substantial risk of serious injury or death or driving with intent to place another in fear of injury or death; intentionally displaying a weapon; or with intent to harass or alarm another, intentionally causing a collision. First degree criminal aggressive driving occurs when a driver commits criminally aggressive driving and causes serious physical injury or death or commits criminally aggressive driving for the second time in five years. The first and second degree offenses are felonies. Requires pre-licensing education about aggressive driving, provides for driver's license suspension or revocation for violations and prohibits a reduction in insurance premiums for any course which fails to address aggressive driving.

Virginia

HB895

Creates an aggressive driving offense defined as: operating a vehicle with a wanton disregard for the life, limb, or property of another; driving and brandishing a firearm or weapon in such a manner as to reasonably induce fear in the mind of another; or operating a vehicle in a threatening or intimidating manner with the intent to cause others to lose control or be forced off the highway. Aggressive driving constitutes a misdemeanor punishable by a fine of not less than $200 nor more than $2,500 and jail time for no less than one month nor more than one year, 48 hours of which will be a minimum mandatory sentence.

HB1309/SB546

Creates the offense of aggressive driving defined as operating a vehicle with a reckless disregard for the rights of others or in a manner that endangers any property or person. Aggressive driving means committing any two or more violations in a single act or series of acts in close proximity to another vehicle including changing lanes unsafely, following too closely, failing to yield, speeding, driving too fast for conditions, failing to signal and racing. The penalty is a class 1 misdemeanor with a mandatory, minimum fine of $250, driver’s license suspension for a minimum of 10 days, and attendance at a remedial driving program. A second conviction in a 24-month period will include a driver’s license suspension for a minimum of 90 days.

HB896

Requires driver’s education programs offered through the school system to include instruction concerning aggressive driving. Signed by the governor on March 13, 1998.

HJR169

Calls for a subcommittee to study aggressive driving, determine what it is and decide what, if any, penalty should be imposed. (The Rules Committee killed the bill but sent a letter to the Transportation Committee urging them to study the issue.)

Washington

SB6708

Creates the offense of aggressive driving and defines it as committing any two or more acts of aggressive driving within five consecutive miles in a manner that "intimidates or threatens another person." The following traffic infractions constitute acts of aggressive driving: failing to obey traffic control devices, passing improperly, following too closely, changing lanes improperly, failing to yield right of way, signaling improperly, overtaking and passing a school bus, speeding, stopping on the roadway, driving with wheels off the roadway and throwing glass or other sharp objects on to the road.

The first violation is a misdemeanor and carries a fine of not less than $350 nor more than $5,000 and jail time of a minimum of 24 hours. A second violation in a five-year period is a gross misdemeanor with penalties of two days in jail and a fine of not less than $500 nor more than $5,000. (Died in rules committee)

Links to Reports and Other Information

AAA Foundation for Traffic Safety
Aggressive Driving: Research and Resources
Citizens Against Speeding and Aggressive Driving
"Dr. Driving" (Professor Leon James)
Insurance Institute for Highway Safety
National Highway Traffic Safety Administration
Network of Employers for Traffic Safety
Subcommittee on Surface Transportation, "Road Rage: Causes and Dangers of Aggressive Driving,"

Contact for further information

Jan Goehring, Senior Policy Specialist, National Conference of State Legislatures

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