Motoring lawyer Nick Freeman has warned drivers could be tempted to break three road rules by driving on the controversial new roads. He warned the roads will encourage drivers to “tailgate” due to the “frustration” of reduced speed.
However, motorists who travel too close to the car in front could be hit with penalties.
These include driving without reasonable consideration, careless driving or even dangerous driving.
Mr Freeman said: “Smart motorways are especially challenging in the winter – variable speed limits can lead to a build-up in traffic.
“Aside from the danger of not having a hard shoulder, there’s far greater temptation to tailgate – driving too close to the car in front – because of the frustration of reduced speed and wanting to get home in the cold and dark.
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Highways England, head of road safety, Jeremy Phillips said not leaving enough space between cars can be “very frightening” for road users.
He said: “We understand that most tailgating is unintentional by drivers who are simply unaware they are dangerously invading someone else’s space.
“But not leaving enough space between you and the vehicle in front can be very frightening and intimidating.
“It could also prove fatal.”