Speeding offences
Produced in partnership with Red Lion Chambers
Speeding offences

The following Corporate Crime guidance 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

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.RTRA 1984, s 89

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, by the issue of a timetable or the giving of directions, is deemed to have procured or incited the commission of a speeding offence.RTRA 1984, s 89(4)

The speed limit imposed

Schedule 6 to the RTRA 1984 sets out the speed limits for vehicles other than passenger cars, depending on whether they are being driven on a road, dual carriage way or motorway.RTRA 1984, Sch 6

RTRA 1984, s 81 provides that the limit is 30 mph on restricted roads. The RTRA 1984, s 82 defines a restricted road as a road where the street lighting lamps are in intervals of no more than 200 yards apart.RTRA 1984, ss 81, 82

RTRA 1984, s 84 grants power to the proper authorities to fix speed limits for designated roads. When this happens, even where the street lighting is the requisite distance apart, the road is no longer a restricted road for the purposes of s 81.RTRA 1984, s 84

RTRA 1984, s