Penalties for driving too slowly or unnecessary braking

This is a good question and one that catches many drivers off guard. The short answer is yes, you can receive penalty points for driving too slowly or braking without good reason, though the specific offences and routes to prosecution vary.

Driving too slowly:

There is no general minimum speed limit on most roads in England and Wales, but driving unreasonably slowly can amount to an offence. The most relevant provisions are as follows.

1. Inconsiderate driving under section 3 of the Road Traffic Act 1988. This covers driving without reasonable consideration for other road users. A driver travelling at an abnormally low speed on a road where it causes inconvenience or danger to other road users could be prosecuted under this section. The standard penalty is between 3 and 9 penalty points, or a discretionary disqualification, plus a fine.

2. Where minimum speed limits are in force, indicated by circular blue signs with a white number, it is an offence to drive below that limit without reasonable excuse.

3. Rule 169 of the Highway Code specifically states that you must not hold up a long queue of traffic, especially if you are driving a large or slow-moving vehicle. While the Highway Code is not law in itself, breaching it can be used as evidence of careless or inconsiderate driving.

Unnecessary braking:

Braking without good reason can also lead to prosecution. The most common routes are as follows.

1. Section 3 of the Road Traffic Act 1988, inconsiderate driving, again applies. Brake-checking, for example, where a driver deliberately brakes hard to intimidate or annoy a following driver, is a clear example.

2. In more serious cases, particularly where the braking is aggressive or designed to cause a collision or fear, it could amount to dangerous driving under section 2 of the Road Traffic Act 1988. Dangerous driving carries a maximum of 2 years' imprisonment, an unlimited fine, and an obligatory disqualification of at least 12 months. Points are not the main concern in that scenario.

3. In extreme cases, deliberately braking to cause a collision could even be treated as assault or other criminal conduct beyond road traffic offences.

Practical reality:

In practice, prosecutions for simply driving slowly are relatively uncommon. They tend to arise where the behaviour is persistent, clearly unreasonable, or contributes to an incident. Evidence is key, and dashcam footage from other drivers or police observations will often be what triggers enforcement.

Brake-checking is taken more seriously and is increasingly captured on dashcam. Police can and do prosecute for it, and insurers may also treat it as contributing to fault in a collision claim.

If you are asking because you have been accused of one of these behaviours, or because you have been the victim of it, the practical steps and legal position differ, so feel free to share more detail and I can guide you further.