Speeding Penalties In Scotland | Specialist Road Traffic Lawyer Glasgow
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Speeding Penalties in Scotland
Speeding Penalties in Scotland can vary depending on the type of road, the seriousness of the contravention, together with the circumstances of the offence and the driver. The penalties for speeding in Scotland are contained in Schedule 2 of the Road Traffic (Offenders) Act 1988. The range of penalties is 3-6 penalty points or a period of disqualification. There is no limit to the potential period of disqualification. One controversial decision of which we are aware saw a driver represented by one of our competitors disqualified for 16 months for a relatively minor offence. This was reduced on appeal but only to 10 months. The decision is available here.
There will also be a financial penalty. The maximum penalty for speeding in Scotland is £2500 on a motorway and £1000 on other roads. In practice, most fines are in the hundreds of pounds.
But when can a driver caught speeding in Scotland expect penalty points and when can he expect disqualification?
Speeding in Scotland: Penalty Points
If you’re stopped by the police for an allegation of speeding in Scotland, they can either:
- send you the details of the penalty on a Fixed Penalty Notice
- send the case straight to the Procurator Fiscal and you will receive a citation setting out the charge, a Summary of evidence and a date to respond with details of how you plead to the charge.
If you weren’t stopped by the police for the speeding offence (eg it was caught by speed camera), the vehicle’s registered keeper must be sent a notice of intended prosecution within 14 days. Once the driver has been duly identified then, again, there may be a fixed penalty offer or the case may be sent directly to the Procurator Fiscal.
The minimum penalty for speeding is a £100 fine and 3 penalty points added to your licence. Typically drivers can expect this for minor instances of Speeding in Scotland. As a very rough guide, if you are less than 20mph in excess of the limit then you may get offered a fixed penalty. If you choose to accept the ticket then that is the end of the matter and no conviction is recorded against you.
The maximum amount of points for Speeding in Scotland is 6. So, once a case goes to court, the range of points open to the court is 3-6. If you have previously received a fixed penalty but not accepted it, the court is entitled to impose a heavier penalty if it sees fit. The main factor in determining the amount of points will be the speed itself. The percentage in excess of the speed limit will also be taken into account. For example, 55 in a 30 will usually be viewed more seriously than 95 in a 70. Speeding Penalties in Scotland are not only about the speed, however. Factors such as the road and weather conditions can be taken into account. Speeding in bad weather or near a school are aggravating factors that are likely to be taken very seriously by the court. Mitigating circumstances such as an emergency or a previously clean driving record could earn you a lesser sentence.
Speeding in Scotland: Disqualification
Disqualification for Speeding in Scotland can generally occur in one of two ways:
- The speed and circumstances are such that the court decides that only a period of disqualification is appropriate
- The court imposes penalty points but the points imposed mean that the driver has accumulated 12 points within a three-year period. This triggers the possibility of a minimum disqualification of 6 months under section 35 of the Road Traffic (Offenders) Act 1988. This is commonly described as “totting up”. The relevant dates are the dates of the offences themselves, not the dates that the points are actually placed on the licence.
In terms of (1), as a general rule, a driver should be concerned if he is 25-30mph or more in excess of the speed limit. Again however there are no absolutes. All is not lost if you are caught at 91 in a 60 or 103 in a 70. The whole circumstances of the offence are taken into account, including the weather, the road conditions, the reason for the offence and the personal circumstances of the driver. To give an example – speeds in excess of 55mph in a 30mph will carry a significant risk of disqualification. However a driver exiting a village clocked close to the national speed limit may be treated very differently than some screaming through a busy built up area with controlled crossings and pedestrians.
In terms of (2), disqualification is mandatory unless the driver can prove that such a disqualification would cause exceptional hardship. For more on exceptional hardship, see our dedicated page.
Speeding Penalties in Scotland: Discount
Since the case of Gemmell and Others, it is clear that Speeding Penalties in Scotland can attract a discount. At times the Sheriff Appeal Court has leant away from Gemmell but the issue was put beyond any doubt by subsequent rulings in the High Court.
This is determined by the timing of the plea. As a general rule, the earlier you plead Guilty, the bigger the discount potentially available. A plea of Guilty as soon as possible could see, for example, 6 penalty points reduced to 5 or even 4. In some circumstances, the court can “discount” from disqualification down to penalty points. However no discount can reduce the penalty to below 3 penalty points as this is the minimum set by Parliament. If, on the other hand, you plead Guilty on the day of your trial, you may not receive any discount at all. The timing of the plea can be of critical importance. For example, if a driver is on 6-8 points, the discount given can be crucial in avoiding a 6-month disqualification under “totting-up”.
In a similar way on points, a period of disqualification is also subject to discount. If, for example, the court was minded to impose a 4-month disqualification for a high speed, this could be reduced to 3 months for an early plea. In some cases it may be possible to persuade the court to discount a period of disqualification down to penalty points.