Fixed Penalty Notice
Minor speeding offences would normally be dealt with by way of a Fixed Penalty Notice, resulting in 3 penalty points and a £100 fine.
More serious speeding offences will be referred to Court via one of these methods:
- Single Justice Procedure Notice;
- Court Summons;
- Postal Requisition;
- Citation (Scotland);
The penalty is at the discretion of the Court, based on the circumstances of the offence, past record, mitigation etc., and will range from 3 to 6 penalty points or a discretionary ban. There will also be a fine, which is means tested, and can range from £100 to £1,000 for non–motorway offences, and up to £2,500 for motorway offences.Speeding Penalty Calculator
I have been caught speeding. Is an instant speeding ban likely?
In general, the higher the speed, the greater the risk of an instant ban. Although a Court has complete discretion, the following guidelines are normally adopted as appropriate for the minimum speed at which disqualification may be imposed, based on the driver having a clean licence for more than 3 years and pleading guilty at the first opportunity:
|Speeding Ban Court Guidelines|
|Speed Limit||Recorded Speed (mph)|
|Penalty||4-6 points OR
7-28 day ban
|7-56 day ban
OR 6 points
6+ Points / New Driver
What is the likely length of an instant ban for a speeding offence?
In most cases it can vary from 7 to 56 days, but the Court does have complete discretion so in an extreme situation a ban of 120 days or more could be imposed. However, if you already have 6 or more points on your licence and the speed alleged is so high that you would normally face an instant ban, the probability is that the Court will endorse your licence with 6 points, which would take you to 12+ points and trigger a 6 month totting up ban.
Is there any discretion on an instant speeding disqualification?
Yes, the Court must consider all issues that are raised to include both mitigating and aggravating circumstances. The table above is a guide only and the Court has wide-ranging discretion which it can exercise as it sees fit. Generally speaking, the higher the speed, the greater the risk of an instant ban. This is particularly relevant when the speed alleged is more than 45% above the limit.
I have been caught speeding at more than 100 mph on the motorway. Is a ban automatic?
Although the Police attempt to resolve most offences by way of a Fixed Penalty Notice, at excessive speeds, a Court appearance is inevitable. For speeds in excess of 100 mph (or more than 30 miles above the relevant limit) the punishment starts at disqualification as opposed to penalty points. However, the decision is at the discretion of the Court and in certain circumstances, a disqualification can be avoided.
Is it possible to avoid an instant speeding ban?
Yes. Please refer to our How To Avoid a Ban page for further details.
I was speeding because of a genuine emergency. Is this a defence?
Unless you were driving an emergency vehicle, which are exempt in certain circumstances, an emergency would only prove a satisfactory defence if it can be shown that there was no alternative. For example, if the driver is avoiding a real and immediate threat of attack from another party or if a passenger was taken seriously ill. The defence, known as "duress of necessity", will only be successful if there genuinely was no alternative way of dealing with the problem.
What if I deny the speed alleged?
If you dispute the speed you will need to ask for a Court hearing. You can then plead Not Guilty if you deny that you were above the speed limit. If you admit that you were speeding but do not admit that you were driving as fast as alleged, you can ask for Newton Hearing to challenge the severity of the offence.
Can I reduce the penalty points?
If you are at risk of a ban, you should anticipate 6 points. However, this is at the discretion of the Court and in some circumstances, mitigation used to avoid an instant disqualification can also reduce the number of points.
I have received a Single Justice Procedure Notice, does that mean I cannot be banned as I do not have to attend Court?
No. Although a Single Justice Procedure Notice infers that you will not need to attend Court, and thus are not at risk of disqualification, it does not mean you cannot be disqualified. If the Court feels that the case is serious enough to warrant disqualification, when you reply to the Single Justice Procedure Notice, a hearing date will be allocated for you attendance / consideration of disqualification.
How is a speeding fine calculated?
The calculation is based on the seriousness and circumstances of the offence and will range from 25% to 175% of your "weekly income" based on the Statement of Means Form you are required to submit to the Court. The Court does have a fair amount of discretion and will consider mitigation before deciding on the amount of the fine.
|Court Guidelines - Speeding Fine|
|Speed limit (mph)||Recorded speed (mph)||Recorded speed (mph)||Recorded speed (mph)|
|Band A||Band B||Band C|
|20||21-30||31-40||41 and above|
|30||31-40||41-50||51 and above|
|40||41-55||56-65||66 and above|
|50||51-65||66-75||76 and above|
|60||61-80||81-90||91 and above|
|70||71-90||91-100||101 and above|
|Fine||50% of relevant weekly income*||100% of relevant weekly income*||150% of relevant weekly income*|
* The maximum fine is £1,000 for non–motorway offences, and up to £2,500 for motorway offences.