Road traffic
Speeding
Road Traffic Regulation Act 1984, s.89
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- See Sentencing Council guideline for the statutory maximum
Actus reus
- Drive a motor vehicle on a road at a speed exceeding a limit imposed by or under an enactment to which RTRA 1984, s.89 applies (s.89(1)).
Mens rea
- Exceeding the limit is the offence. A person is not to be convicted solely on the evidence of one witness to the effect that in that witness’s opinion the speed was exceeded (s.89(2)).
Defences
Speed not proved (including the one-witness-opinion rule) · Limit did not apply on that road / that vehicle · Not the driver
Sentencing Council
Sentencing Council guideline effective 24 April 2017. Offence range: Band A fine - Band C fine.
At the police station
Device calibration and which limit applied (streetlit / NSL / temporary) are the usual points. Totting arguments are not this offence.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Road Traffic Regulation Act 1984, s.89 ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drink and drug driving ↗