Police change in enforcement policy sees speed limits bite hard
Historically, the metropolitan police force (MPF) approached matters of speeding and the different methods of enforcing speed limits with a discretionary level of tolerance. This level of tolerance meant that it was when a vehicle’s speed surpassed 10% of the prescribed speed limit plus 3mph that the MPF turned their attention to the different methods of enforcement. This could range from the offender being contacted with a view to offering a speed awareness course, or a fixed penalty notice, all the way up to a potential court summons for some offences.
On 14 May 2019, the MPF decided to amend their enforcement policy in respect of tolerances to match the recommendations of the National Police Chiefs’ Council (NPCC). This saw the tolerance threshold reduced by 1mph, so that the tolerance formula now followed that enforcement would be considered when the offender drove at a speed exceeding 10% of the prescribed speed limit plus 2mph. This change was not widely broadcast in a particularly high-profile manner. The impact of the change has, however, been felt rather significantly by motorists, with the number of fines or invites to speed awareness courses increasing by a reported 259%.
It is worth remembering that whilst the police do have this enforcement tolerance in place, speed limits as communicated by the appropriate signage are the prescribed maximum legal speed on the road in question. The tolerance that the police allow before engaging their enforcement protocols is something of a discretion.
The Law
The law in respect of speeding offences is largely laid out in the Road Traffic Regulation Act 1984 (“RTRA”). For example, section 88 of that legislation gives authorities the power to implement temporary speed limits and/or minimum speed limits on specified roads, as long as the authority in question follows the prescribed procedure. An order under s. 88 can be made in respect of all types of roads, except for motorways.
Alternatively, traffic authorities may make a temporary traffic regulation order (TTRO) under section 14 of the RTRA to restrict or impose a temporary speed limit. However, a traffic authority may only exercise their power to make such an order under s. 14 in certain circumstances:
(a) because works are being or are proposed to be executed on or near the road; or
(b) because of the likelihood of danger to the public, or of serious damage to the road, which is not attributable to such works; or
(c) for the purpose of enabling the duty imposed by section 89(1)(a) or (2) of the Environmental Protection Act 1990 (litter clearing and cleaning) to be discharged
Different types of vehicles are required to adhere to different speed limits on certain roads, and the maximum speeds in respect of different classes of vehicle are as imposed by s. 86 and Schedule 6 of the RTRA. For example, an articulated vehicle with a maximum laden weight exceeding 7.5 tonnes may not drive at a speed exceeding 60mph whilst driving on the motorway.
Overall, the types of speeding offences prescribed under RTRA fall into one of four categories:
- Exceeding the limit on a road restricted to 20, 30, 40, or 50mph.
- Exceeding the temporary limits of 70, 60, and 50mph on roads other than motorways.
- Exceeding on any road the limit applicable to the class of vehicle.
- Exceeding the limits of speed applicable to motorways only.
Where a person has contravened a speed limit, they will find that offence most likely punishable under section 89 of the RTRA (except for the offence of contravening a motorway speed limit):
“(1) A person who drives a motor vehicle on a road at a speed exceeding a limit imposed by or under any enactment to which this section applies shall be guilty of an offence.”
Importantly, in a prosecution for a speeding offence, the Crown will need to prove that the individual charged with the offence was the individual driving at the time of the offence.
Impact
Currently, it would appear that it is the MPF who are adhering to the new enforcement policy and following the recommendations of the NPCC. Other police forces may not be so quick to fall into step behind that guidance. It is reported that Lancashire Police Force still may be adhering to the previous enforcement tolerance formula; although, given the absence of publication or announcement from the MPF in moving away from the old formula, motorists should keep in mind that their local police force may not widely broadcast the fact if they change policy to adhere to the NPCC guidance.
It will be the response of any solicitor experienced in defending prosecutions for motor offences that motorists should not rely on any form of enforcement tolerance policy when driving their vehicle. To exceed the prescribed speed limit for the relevant class of vehicle and as applies to the road in question is to commit an offence, most likely under the RTRA, or an order issued under the RTRA.
Importantly, where there is an increase in fines for speeding, there will inevitably be an increase in the number of points being attached to motorists’ driving licences. This means that motorists may find themselves hitting the 12-point totting up threshold much quicker, and if a motorist hits the 12-point threshold, the Court will look to issue them with a minimum 6-month driving disqualification.
Under the Road Traffic (New Drivers) Act 1995 where a person acquires 6 points in the space of 2 years from the date on which they passed their test, they will find their driving licence taken away from them pending retest. If they complete that retest within 3 years of receiving the points, then they will be reissued with a licence equivalent to that which they previously held, which means that their reissued licence will still be endorsed with the previous 6 points.
If you have received a prosecution for a speeding offence or are concerned that you may be at risk of losing your driving licence, please speak with one of our specialist solicitors on 0345 872 6666 or complete our online enquiry form and a member of the team will give you a call back at a convenient time.