Speeding offences
Produced in partnership with Red Lion Chambers

The following Corporate Crime practice note produced in partnership with Red Lion Chambers provides comprehensive and up to date legal information covering:

  • Speeding offences
  • The elements of the offence of speeding
  • The speed limit imposed
  • Restricted roads
  • Evidence and admissibility in speeding cases
  • Speeding–defences
  • Non statutory defences for driving in excess of the speed limit
  • Sentencing for the offence of speeding

Speeding offences

The elements of the offence of speeding

The Road Traffic Regulation Act 1984 (RTRA 1984), s 89 creates the offence of exceeding a speed limit.

The elements of the offence are that:

  1. a person drives a motor vehicle

  2. on a road

  3. at a speed exceeding a limit imposed by or under any enactment to which this section applies

The relevant enactments include those made in the RTRA 1984 itself and any other enactment made after 1 September 1960.

This offence is a summary only offence and so can only be tried in the magistrates’ court.

RTRA 1984, s 89(4) sets out circumstances in which an employer is deemed to have procured or incited their employees to commit a speeding offence, by the issue of a timetable, schedule or giving directions for the completion of the journey in a timescale which is not practicable without the commission of a speeding offence. The publication of the timetable, schedule or directions may be produced as prima facie evidence that the employer procured their employees to commit the offence.

The speed limit imposed

Schedule 6 to the RTRA 1984 sets out the applicable speed limits for different classes of motor vehicles depending on whether they are being driven on a road, dual carriage way or motorway.

RTRA 1984, s 81 provides that the limit is 30 mph on restricted roads. The RTRA 1984, s 82

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