Speeding Offences & Instant Speeding Ban
- What is the penalty range/maximum punishment for speeding offences?
- I have been caught speeding. Is an instant driving ban likely?
- What is the likely length of an instant ban for a speeding offence?
- What is the maximum speeding penalty/fine/speeding ban/penalty points/Court Guidelines?
- Is there any discretion on an instant speeding disqualification?
- I have been caught speeding at more than 100 mph on the motorway. Is a ban automatic?
- Is it possible to avoid an instant ban?
- The only reason that I was speeding was because of a genuine emergency. Is this a defence?
Fixed Penalty Notices
Most speeding offences would normally be dealt with by way of a Fixed Penalty Notice, resulting in 3 penalty points and a £100 fine.
Court Summons / Postal Requisition / Citation (Scotland)
In cases where a Court process has been issued, the offence carries between 3 and 6 penalty points or a discretionary ban. The fine, whilst means tested, can range from £100 to £1,000 for offences on non–motorways and up to £2,500 for motorway offences.
Generally speaking, the higher the speed, the greater the risk of an instant ban and as a general rule of thumb, when the speeding offence is in excess of 45% of the speed limit, there is a risk of an instant driving ban:
|30 mph||In excess of 51 mph|
|40 mph||In excess of 66 mph|
|50 mph||In excess of 75 mph|
|60 mph||In excess of 85 mph|
|70 mph||In excess of 100 mph|
It can vary from 7 to 56 days in most cases but in extreme case, could be as long as 120 days. The range of penalty points is 3–6 but in certain circumstances, the Court will impose an immediate ban and no points. 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 impose 6 points which would make your total 12 or more and you would face a totting up ban of 6 months.
Yes, the Court has to take into account all issues that are raised to include both mitigating and aggravating circumstances. The table above is a guide only and the Court has a 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 particular relevant when the speed is in excess of 45% of the limit.
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.
Yes. Please refer to our Avoid a Ban page for further details.
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.