Speeding is one of the most common motoring offences in the UK. It can have serious consequences for your licence, finances, and safety. In this blog post, we will explain how speeding is detected, the speed limits, and the penalties and defences for speeding.
How Speeding Is Detected
Speeding is detected by various methods, such as speed cameras, police officers or average speed checks. Speed cameras measure the speed of vehicles passing by and record their number plates. They can be fixed or mobile and can be visible or hidden. Police officers can also use handheld devices or patrol cars to measure and record the speed of vehicles. Average speed checks are systems that use multiple cameras to calculate the average speed of vehicles over a certain distance.
Suppose you are caught speeding by any of these methods. In that case, you will be notified within 14 days by a Notice of Intended Prosecution (NIP) and a Section 172 notice which you must return the within 28 days, telling the police who was driving the car. You may face a court appearance if you ignore the notice. After you have returned the Section 172 notice, you will be sent either a Fixed Penalty Notice (FPN) or a letter telling you have to attend court.
What Are the Speed Limits
The speed limits vary depending on the type of road and vehicle. Still, they are generally 30mph in built-up areas, 60mph on single-carriageways and 70mph on dual-carriageways and motorways. Circular white signs with black numbers or red circles indicate the speed limits.
There may also be other signs that show lower or higher speed limits for specific roads or areas, such as near schools, hospitals or roadworks.
You should always follow the speed limit signs and adjust your speed according to the road conditions, traffic flow and weather. Driving too fast or too slow can be dangerous and cause accidents. You should also know the national speed limits for vehicles, such as buses, lorries, caravans or motorcycles.
What Are the Penalties for Speeding
The penalties for speeding depend on how much you exceed the limit. Still, they can range from a fixed penalty notice of £100 and 3 points to a court summons with a fine of up to £1,000 (£2,500 if you were driving on a motorway) and 6 points or disqualification. You can also be fined more and get more penalty points if you are a repeat offender or if there are other aggravating factors, such as driving near a school or causing an accident.
The penalties for speeding are based on a band system categorising speeding offences into three bands: A, B and C3. The band system considers the speed limit and the recorded speed of the vehicle. The table below shows the bands and their corresponding penalties:
Band system speeding penalties.
*Drivers will receive penalty points or a disqualification.
Band system speeding penalties
| Speed limit (mph) | Band A: recorded speed (mph) | Band B: recorded speed (mph) | Band C: recorded speed (mph) |
|---|---|---|---|
| 20 | 21-30 | 31-40 | 41+ |
| 30 | 31-40 | 41-50 | 51+ |
| 40 | 41-55 | 56-65 | 66+ |
| 50 | 51-65 | 66-75 | 76+ |
| 60 | 61-80 | 81-90 | 91+ |
| 70 | 71-90 | 91-100 | 101+ |
| Band | Penalty points | Disqualification |
|---|---|---|
| A | Three | None |
| B | Four to six* | Seven to 28 days* |
| C | Six | Seven to 56 days |
Suppose you accumulate 12 or more penalty points on your licence within three years. In that case, you will face a mandatory six-month disqualification from driving unless you can persuade the court that this would cause you or others exceptional hardship2. Exceptional hardship can include various factors, such as loss of employment, income, health, family circumstances or transport needs.
Suppose you accumulate six or more penalty points within the first two years of passing your driving test. In that case, you will lose your driving licence. You must start earning a new licence by applying for a new provisional licence and passing both theory and practical tests again.
What Are the Defences for Speeding
If you have been accused of speeding, you may have some defences that can help you to avoid or reduce the penalties. Some of the possible defences are:
- Mistake of fact: This is when you can prove that you were not speeding or that the speed limit was not signposted or visible. You may need to provide evidence such as photographs, maps, witness statements or expert reports to support your claim.
- Faulty equipment: This is when you can prove that the speed measuring device or your speedometer was faulty or inaccurate. You may need to provide evidence such as calibration certificates, maintenance records, technical reports or expert opinions to support your claim.
- Necessity or emergency: This is when you can prove that you were speeding for a valid reason, such as to avoid an accident, to protect yourself or others from harm, to seek medical help or to comply with a police instruction. You may need medical records, police reports, witness statements or CCTV footage to support your claim.
- Special reasons: This is when you can prove that there were special circumstances that justify your speeding, such as being unaware of the speed limit due to a genuine mistake, being misled by another driver, having a medical condition or taking medication that affected your judgement or driving ability. You may need evidence such as character references, medical reports, prescriptions or expert opinions to support your claim.
If you want to use any of these defences, you must plead not guilty and go to court. You will also need professional legal advice and representation from a motoring law solicitor who can help you prepare your defence and present it in court. A motoring law solicitor can also help you to negotiate with the prosecution, challenge the evidence against you, argue for a lower penalty or appeal against a conviction or sentence.
Conclusion
Speeding is a serious motoring offence that can have severe consequences for your licence, finances, and safety. You should always follow the speed limit signs and drive according to the road conditions, traffic flow and weather. Suppose you are caught speeding by any method. In that case, you should seek professional legal advice and representation from a motoring law solicitor as soon as possible. A motoring law solicitor can help you to understand your options, defend your case or reduce your sentence.
Contact a solicitor if you need expert guidance, support, or representation for any motoring offence. Don’t risk your licence, finances and reputation.