The following Corporate Crime guidance note Produced in partnership with Red Lion Chambers provides comprehensive and up to date legal information covering:
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:
a person drives a motor vehicle
on a road
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.
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
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