Caught Speeding? – New Guidelines, Tougher Sentence(s)

Caught Speeding? – New Guidelines, Tougher Sentence(s)

On 24th April 2017, revised sentencing guidelines have come into force, updating the Road Traffic Regulations Act 1984, s.89(1). The revised guidelines have brought stricter reprimands and follows the approach taken this year for harsher penalties for mobile phones usage.

The new fines, which apply only to England and Wales are divided into a sliding scale of three categories:

  1. Band A (Minor) – Less than 10mph over the speed limit,
  2. Band B (Medium) – Between 11 and 20mph over the speed limit,
  3. Band C (High) – More than 20mph over the speed limit.

The New Guidelines:

  • Band A

At the lowest threshold of speeding less than 10mph, you can expect 3 points on your licence, and a fine of around 50% of your weekly income.

  • Band B

For more serious cases of speeding between 11 and 20mph, you should expect 4 to 6 points on your licence, or disqualification for between 7 and 28 days, plus a fine of 100% of your weekly income.

  • Band C

In the most severe cases of speeding over 20mph, you should expect 6 points on your licence or disqualification for between 7 and 56 days, as well as a fine of 150% of your weekly income.

*Where a driver is grossly over the speed limit, the Court will consider a disqualification of more than 56 days.

There is a non-exhaustive list of additional factual elements, which the court will consider for adjustment of the punishment.

How Does This Compare to The Previous Guidelines?

The maximum fine capped at £2500 (if the offence takes place on a motorway) is remaining the same, however more offenders than ever will be handed the highest-level fines.

In addition, the changes have seen Band C fines increase dramatically from 100% to 150% of their weekly income, whilst still facing six penalty points or a driving ban for up to 56 days*

Why the Change?

The Sentencing Council have stated that the revised guidelines will ensure that there is a ‘clear increase in penalty as the seriousness of offending increases’.

The RAC have welcomed the new guidelines, but have warned that ‘while the new measures underline how seriously the courts take speeding offences, the limit on fines means there is not a level playing field’.

Summary:

Whilst the revised guidelines may seem logical, it is questionable whether linking the amount of the penalty fine with income is fair, especially for high-income drivers when there is cap!

Should you need advice or assistance for any driving matter, do not hesitate to contact our experienced and professional team at Liberty Law Solicitors.

On 01582 459 955 or by email: info@libertylawsolicitors.co.uk.

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