Let’s clear the law on tailgating and road hogging once and for all.
There is no specific offence for tailgating. This has been made clear by
The Senior Minister of State for Home Affairs (Mr Masagos Zulkifli B M M) in 2013:
“... Tailgating is the common term used to describe the situation where one vehicle is following too closely behind another. It is not a specific offence in itself under our road traffic laws. However, tailgating a vehicle, especially one travelling at high speed, may result in an accident. The driver may then be liable for careless or inconsiderate driving, depending on the circumstances of each case. As tailgating itself is not a specific offence, Traffic Police do not maintain a record of instances of tailgating detected in Singapore...”
“Road hogging, which refers to the obstruction of traffic moving at faster speeds, is a traffic offence under our road traffic rules and carries four demerit points, in addition to a monetary penalty. Motorists should drive as close to the left-hand side of the roadway as possible, so as not to obstruct other vehicles using the other lanes...”
https://sprs.parl.gov.sg/search/top...WA_5+id-40d869c1-4e5c-443b-825f-02340300c415+
Mr Masagos Zulkifli was referring to road hogging as proscribed under Rule 5 of the Road Traffic Rules. As a subsidary legislation, the Road Traffic Rules shall not be inconsistent with the provisions of the Road Traffic Act. This is governed by section 19(C) of the Interpretation Act which reads:
no subsidiary legislation made under an Act shall be inconsistent with the provisions of any Act.
Speed limit
Next, we come to the speed limit. The speed limit or rate of speed is governed under section 63(4) of the Road Traffic Act, which reads:
A person who drives a motor vehicle on a road at a speed exceeding any speed limit imposed by or in exercise of powers conferred by this Act shall be guilty of an offence.
This is supported by the various speed limits for various roads under the Road Traffic (Restriction of Speed on Roads) Notification, which reads:
Speed limits on roads
2.—(1)**Except as otherwise provided in sub‑paragraphs*(2) and (3), the speed of all motor vehicles travelling along any road shall not exceed*—
(a) in the case of the roads or parts thereof set out in the First to Sixth Schedules, the speed specified in those Schedules; and
(b) in any other case, 50*kilometres per hour.
Application to certain vehicles
3.**This Notification shall not apply to*—
(a) any fire engine used for the purpose of extinguishing fires, of preserving life and property in case of fire or of aiding or rescuing persons in danger, or in case of an accident;
(b) any ambulance used for the purpose of aiding or rescuing persons in danger, or in case of an accident; or
(c) any motor vehicle owned by the Government and used by the Singapore Police Force or the Singapore Civil Defence Force for the purpose of executing the functions of the Singapore Police Force or the Singapore Civil Defence Force, as the case may be, if compliance with this Notification is likely to hinder the use of the fire engine, ambulance or motor vehicle for the purpose for which it is being used.[/i]
Right of way
Thus, only an ambulance, fire engine or government vehicle is allowed to exceed the speed limit but only when on official business. Now, do such vehicles also have the right of way?
Under rule 12(1) of the Road Traffic Rules, which reads:
Ambulance, fire engine, etc., to have right of way
12.—(1) Any vehicle used as an ambulance, or as a fire engine or for military, police, civil defence or customs purposes shall, when on an urgent duty call, have the right of way over all other traffic if such vehicle makes known its approach by means of some distinctive siren, bell or multi-toned horn, as the case may be.
Thus, vehicles travelling at the speed limit must still give way to such ambulances, fire engines, or police cars.
Parliament Intention
Parliament has also made it clear on speeding and tailgating.
“Motorists must themselves play their part by keeping within the speed limits at
all times.”
https://sprs.parl.gov.sg/search/top...dContent43a675dd-5000-42da-9fd5-40978d79310f+
“But the best safeguard for motorists is not to speed at
all times.”
https://sprs.parl.gov.sg/search/top...dContent43a675dd-5000-42da-9fd5-40978d79310f+
“... we must remove dangerous and reckless driving habits on our roads, such as excessive speeding, tailgating or drink driving.”
https://sprs.parl.gov.sg/search/top...04733-WA&topicKey=00004733-WA.00002330-WA_1++
In conclusion, taken holistically, there is no legal duty for the vehicle which is already travelling at the speed limit to give way to tailgating vehicles, unless such vehicles are on an urgent duty call with siren, bell or horn activated.
There is also no legal duty to assist unauthorised tailgating vehicles to travel beyond the speed limit by giving way to them.
Whether to give way to unauthorised tailgating vehicles is purely a moral decision.