Taxi Driver Online

Speeding can be considered under five main headings:

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(A) Speeding on restricted roads (Road Traffic Regulation Act 1984, s 81).
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(B) Speeding on motorways (s 17).
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(C) Breaking the speed limit imposed by the Secretary of State for the Environment or highway authorities on roads other than restricted roads (s 84).
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(D) Driving a vehicle at a speed in excess of that permitted for that class of vehicle (s 86).
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(E) Breaking a temporary or experimental speed limit imposed by the Secretary of State for the Environment on certain specified roads s 88. These classes of speeding are dealt with in the above order on the following pages.

C[49.3]

Warning of prosecution must have been given to the defendant except in circumstances prescribed in the Road Traffic Offenders Act 1988, s 2, as amended (eg following an accident).

C[49.4]

Evidence. The Road Traffic Offenders Act 1988, s 20 (as substituted by the Road Traffic Act 1991) provides that it will be sufficient for evidence of an offence of speeding or contravening a red traffic light to be obtained by approved devices, such as a Gatso camera, which also records speeds and times as appropriate. The record must be signed by the police and the defendant given seven days notice of its intended use. The accused may require the attendance of the person who signed the document not less than three days before the trial.

In DPP v Thornley [2006] EWHC 312 (Admin), [2006] 09 LS Gaz R 32, it was held that s 20.8 of the RTOA 1988 was permissive in its terms and therefore the prosecution were entitled to admit the record of speeding as a species of “real evidence”.

See 'Conditional offer of fixed penalty' at C[8.21]–C[8.22].

C[49.5]

If the evidence merely consists of one witness's opinion that the defendant was exceeding the speed limit there cannot be a conviction. If the single witness is supported by a speedometer, stop watch, radar meter or Vascar, then there can be a conviction.

C[49.6]

The evidence of two witnesses estimating the speed at the same time can result in a conviction, but if their estimates refer to speeds at different parts of the road then that will not suffice.

C[49.7]

If a vehicle was being used for the purpose of the fire brigade, the police, or the ambulance services, and the driver can establish that observing the speed limit would have hindered him in the execution of his official duties, then that could be accepted as a successful line of defence by the court. It is for the court to decide this issue as there is no inherent right for all such vehicles to exceed the speed limit, for instance an empty ambulance merely returning to its garage or a fire engine out on routine test carry no exemption from a speed limit. A police officer using a vehicle to “hone” his skills may be guilty of speeding (see C[16] and DPP v Milton [2006] EWHC 242 (Admin), (2006) 170 JP 319).

C[49.8]

The defendant merely has to prove that this defence is probably true; he need not prove it beyond reasonable doubt.

C[49.9]

Although the driver must be identified, the fact that he was driving when stopped is prima facie evidence that he drove over the whole distance for which he was timed.

C[49.10]–C[49.15]

Speed limit signs. If the defendant submits that the speed sign was unlawful because of its size, composition, character or colour, etc, the legal adviser should be consulted.
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Sentencing

C[49.36]

If it appears to the court that the accused suffers from some disease or physical disability likely to cause his driving to be a source of danger to the public, then the court shall notify the licensing authority who may take steps to withdraw the driving licence (see C[5.49]).

C[49.37]

Courts will use the national sentencing guidelines to establish a starting point for a fine. The following factors should be considered in assessing seriousness:

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(a) the type of vehicle;
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(b) the nature of the road;
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(c) whether the offence was committed during the hours of darkness and if so whether on lit or unlit road;
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(d) weather conditions;
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(e) time of day and use of road at the time.
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