Is the end of the speeding offence fast approaching? According to a recent article in the Evening Standard (23/2/2024) perhaps not with the finding that ‘one in four London cars fined for 20mph speeding offence amid 700% surge in tickets issued’. Likewise, the trend seems no better in Wales with the Telegraph reporting (31/8/2024) that ‘Speeding offences soar as 11,000 Welsh drivers break 20mph limits in a month’.
What is behind the upsurge in the number of motorists who are finding themselves on the receiving end of speeding fines? Undoubtedly, a period of adjustment whilst drivers become accustomed to the new 20mph limits, in what were historically 30mph zones, will play a part. In addition, the law around speeding is tough. It is what is known as a strict liability offence, this means that a driver’s mindset does not play a part in the enforcement process. It does not matter whether or not a driver intends to speed, if they are travelling in excess of the limit an offence is committed. Therefore, a well intentioned driver who is travelling at 30mph in a 20mph zone, in the genuine belief that was the appropriate limit, is just as guilty as the driver deliberately driving at 30mph in a 20mph limit.
There are some legal nuances worth noting for the speeding driver. In some cases the Court does have the power to waive the normally mandatory imposition of penalty points in the event that a Court conclude that special reasons apply. This could cover scenarios such as a driver speeding as result of an emergency. However, the reality is that this will not be relevant for the vast majority of heavy footed drivers.
Not every offence of speeding will result in a driver ending up before the Court. It is true that some Police areas operate a discretion not to prosecute drivers who are travelling within 10% of the relevant limit (although this should never be treated as a target). In addition, those drivers caught travelling only a few miles per hour above the relevant limit may be fortunate enough to take a speed awareness course. These courses if offered, come at a cost to the driver to attend, however, if successfully completed, allow for a speeding offence to be dealt with out of court and, importantly, without penalty points being imposed on a person’s licence.
Another factor relevant to the conviction rates of speeding offences is the relative ease for the Police to secure a conviction. Speed detection will often take place through Secretary of State authorised speed gun or speed camera devices. The significance of this is that there is a presumption in law that the device is operating correctly and the driver at fault. Whilst this is a presumption that can be overturned if there is evidence to demonstrate that a driver was travelling within the relevant limit, in practice, the technical expertise to challenge the reliability of a device will make this very difficult for most drivers to do.
The punishment for speeding offences that do proceed to Court are set by sentencing guidelines. These guidelines punish drivers with fines and, crucially penalty points or a disqualification from driving, with the more severe punishments typically reserved for the worst offenders. Repeat offenders (those who accumulate 12 or more penalty points within a period of 3 years) are in the additional precarious position of being at risk of a totting up mandatory disqualification. These mandatory disqualifications can be for a minimum period of 6 months, and, sometimes longer, if someone has a poor driving record.
Notwithstanding the somewhat bleak current state of affairs, there is arguably some positive news on the horizon. All new cars sold in the European Union from 7 July 2024 must now have Intelligent Speed Assistance (ISA) technology fitted by law. This technology can use a mixture of camera data (to read speed signs) and GPS data (to identify the speed limit applicable to a road that a driver is travelling on) and then either limit engine power or provide feedback or alerts to a driver to alter their speed. At present these warnings can be overridden and so do not prevent a driver who wishes to disregard them, indeed from time to time, there may be safety reasons to do so. However, in theory at least, it should assist motorists from falling into unintentional errors as to the applicability of the relevant limit.
It should be noted that the ISA technology is mandatory by virtue European Union Legislation, and, therefore, in a post Brexit landscape it is not certain that it will become mandatory in the UK. However, with a significant proportion of cars driven on UK roads being manufactured abroad, it seems inevitable that the technology is going to become more prevalent for the UK motorist as well.
So, is the end of the speeding offence in sight? Sadly not, and, the rising number of speeding fines being issued seems to indicate that things may continue to get worse before getting better. However, with the improvement in road safety technology like ISA only going to become more prevalent, there may be some cause for optimism for diligent drivers keen to preserve their driving records. As good as the technology may be, it will still only be as good as the driver operating it. Those drivers wishing to ignore it, or, alternatively, turn it off entirely, are likely to be able to do so.
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