We are specialist speeding solicitors, assisting people with guilty plea mitigation and all defences across England and Wales. If you have been charged with this offence, call our specialist speeding solicitors now on 01623 397200 for expert help.
Which legislation covers speeding offences?
Speeding offences are covered by Section 89 (10) of the Road Traffic Regulation Act 1984 (RTRA).
The fixed penalty system for road traffic offences can be found in Part 3 of the Road Traffic Offenders Act 1988 (RTOA).
Which speeding offences can be dealt with by way of a Fixed Penalty or Speed Awareness Course?
Speed enforcement policy guidance was issued by the Association of Chief Police Officers (ACPO) in 2013 in which it is suggested that enforcement will take place when a driver exceeds the speed limit by 10% plus 2mph.
The guidance details when it would be appropriate for a Fixed Penalty to be issued, or a Speed Awareness Course place to be offered, or for a summons to be issued.
Speed Awareness Course places are not usually offered if a driver has completed the course within the last 3 years.
It should be noted that police officers can act outside of the guidance providing they do so in a fair, consistent and proportionate way.
The guidance is as follows:-
Speed limit: 20 mph
ACPO threshold for:
- a fixed penalty or a Speed Awareness course: 24 mph
- summoning: 35 mph
Speed limit: 30 mph
ACPO threshold for:
- a fixed penalty or a Speed Awareness course: 35 mph
- summoning: 50 mph
Speed limit: 40 mph
ACPO threshold for:
- a fixed penalty or a Speed Awareness course: 46 mph
- summoning: 66 mph
Speed limit: 50 mph
ACPO threshold for:
- a fixed penalty or a Speed Awareness course: 57 mph
- summoning: 76 mph
Speed limit: 60 mph
ACPO threshold for:
- a fixed penalty or a Speed Awareness course: 68 mph
- summoning: 86 mph
Speed limit: 70 mph
ACPO threshold for:
- a fixed penalty or a Speed Awareness course: 79 mph
- summoning: 96 mph
Where a driver is in a position to accept a Conditional Offer of Fixed Penalty (COFP), they would pay a fine of £100 and 3 penalty points would be endorsed to their licence.
If a COFP is rejected (or a driver is not in a position to accept a COFP, i.e. if they are in a ‘totting up’ position), the matter would be entered into court and a hearing date fixed and notified to the driver.
What sentencing options are available for speeding offences which result in a summons to court?
Full details of sentencing options are given in the Magistrates’ Court Sentencing Guidelines.
Contained within the guidelines is a table which separates recorded speeds into three categories – lower, middle and higher.
Speeds within the lower category are generally punishable by way of a Fixed Penalty or offer of a place on the Speed Awareness Course.
Speeds which fall within the middle and higher categories would generally result in the issue of a summons to court, due to the seriousness of the offence.
Middle category speeding offences, the guidelines indicate, could be punishable by way of a fine and either 4 to 6 points or a short disqualification within the range 7 to 28 days.
Speeds falling within the higher category could be punishable by way of a fine and either a disqualification of 7 to 56 days or 6 points.
Offence seriousness is also taken into account in terms of culpability and harm.
The effect of aggravating and mitigating factors is also weighed when coming to a decision regarding sentencing. Our specialist speeding solicitors will be able to advise you on whether you are guilty of the speeding offence and the appropriate sentencing guidelines.
Note: For those charged with a speeding offence which falls into the middle or higher category, where there is a real risk of a disqualification taking place, travel to the court hearing should be with another driver, or via public transport, as the disqualification would usually take place with immediate effect. Driving whilst disqualified is a serious offence which carries a custodial risk.
If you have been charged with a speeding offence, contact our office today on 01623 397200 for free initial advice.