Speeding in Scotland | 94% Success Rate
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Speeding in Scotland: Overview
| Section | Summary |
|---|---|
| Definition | Exceeding the posted speed limit on any public road or motorway. |
| Detection Methods | Speed cameras, mobile radar units, or police patrols may detect speeding. |
| Penalties | Fines, 3–6 penalty points, or a disqualification depending on severity. |
| Court vs Fixed Penalty | Minor offences may be dealt with by fixed penalty; serious cases go to court. |
| Totting Up Risk | Accumulating 12 points within 3 years may result in a 6-month ban. |
| Defences | Includes inaccurate speed readings, unclear signage, or procedural errors. |
Speeding in Scotland – The Legislation
Speeding in Scotland can be complex. There is a different law for speeding on a motorway as opposed to speeding in a town centre, for example. And there are different laws for temporary speed limits as opposed to permanent ones. All of the various speeding offences in Scotland can, however, be found in the same place – the Road Traffic Regulation Act 1984.
- Section 81 deals with “restricted roads” which are always limited to 30mph. These are defined in section 82.
- Section 84 deals with “roads other than restricted roads” but confusingly not ALL other roads.
- Section 86 deals with speed limits for particular types of vehicles such as transit vans.
- Section 88 deals with temporary speed limits, as does section 14.
- Section 89 of the Act deals with speeding offences generally. This section creates the offence if you contravene another section of the Act.
- Elsewhere in the Act, section 17 deals with offences on “special roads”, the most common of which are motorways.
We have a full and comprehensive overview in our Speeding Offences In Scotland guide.
Penalties for Speeding in Scotland
- Fixed penalty: 3 points and a £100 fine
- Prosecution: either 3-6 penalty points or a discretionary period of disqualification plus a fine of up to £1000 (£2500 if the offence is committed on a motorway)
Source: schedule 2 of the Road Traffic (Offenders) Act 1988
Explanation
The most common penalty for speeding in Scotland is a fixed penalty of 3 penalty points and a fine of £100. Generally, for example, 40 in a 30 will result in a fixed penalty. Speeds 20mph or more in excess of the limit may instead result in a report to the Procurator Fiscal. If you receive a Notice stating that your car has been detected at such speeds you should contact a specialist solicitor without delay.
Will I Be Disqualified?
Disqualification can occur for several reasons such as:
- High speed: generally speaking, speeding in Scotland carries the risk of disqualification if you are approx 25-30mph in excess of the speed limit. However there are no hard and fast rules. The nature of the road, the % in excess of the speed limit, weather/traffic conditions, prior driving history and personal circumstances are all taken into account. Certain courts are also harsher than others. Specialist advice should be sought.
- Totting up: this occurs where the he amount of points imposed takes the driver to 12 points in a 3-year period. This can lead to a disqualification under section 35 of the Road Traffic (Offenders) Act 1988 – more commonly known as “totting up”. Anyone on 6 points or more is at risk of totting up and should seek specialist legal advice as soon as possible because all is not lost. You may be able to argue that ”Exceptional Hardship” would occur if you lost your licence. See our dedicated page here. In the overwhelming majority of our cases, our client is not disqualified
We have a full and comprehensive overview in our Speeding Penalties in Scotland guide.
Potential Defences – can the speed detection device be beaten?
There are various categories of speed detection devices used to detect speeding in Scotland. The most common are:
- fixed cameras such as GATSO or the SPECS 3 average speed camera
- laser technology such as the Unipar SL700 and the LTI 20.20 Ultralyte 1000
- in-car equipment such as the calibrated speedometer and the speed/distance/time device known as VASCAR
All of these devices are beatable. These are technical and complicated legal points and we cannot share them here. However we are happy to point out a few issues. For example:
- the prosecution often has difficulty in establishing the accuracy of in-car devices
- laser technology has inherent flaws that can be made worse by potential misuse
- camera devices rely on pictorial and/or video output. There are strict rules governing the admissibility of such evidence
We have a full and comprehensive overview in our Speeding in Scotland – Devices page.
Why Instruct Us For Your Case?
Many law firms claim a “specialist expertise” in this field of law. Websites with fantastic “win rates” cropping up all over the internet. So why trust us and not them?
Reason 1 – We Are The Pioneers
Other firms also claim this. See when the domain was registered to see how long the firm have actually been online. Our domain was registered in 2001. We believe we were registered years in advance of any rival firm. We are invited, founder members of the Association of Motor Offence Lawyers.
Reason 2 – Our Statistics
We have a success rate of 94%. This is based on 1000 independently analysed cases chosen at random. Other firms may claim even higher success rates. Do not simply accept them at face value. Ask them what their case sample size was. How do they define case success? We have successfully defended sports stars, famous personalities, peers of the realm, members of the Royal Family, fellow solicitors, advocates, leading QCs and police officers. We do not name names unless the case is already in the public domain but you can see some of our reported cases here. We helped them so we can help you.
Reason 3 – Our Independent Reviews
All of our quoted reviews are reviews posted on independent review sites such as Trustpilot and Review Solicitors.
Reason 4 – Our Fixed Fee
We guarantee a Fixed Fee. It does not change no matter how often we need to attend court. There is no small print. There are no hidden costs.
Reason 5 – Nationwide Representation
Although our offices are in Glasgow, we regularly defend motorists in every Court in Scotland. On any given month, our solicitors appear in courts across the country, including Aberdeen, Dumfries, Edinburgh and Paisley. Wherever your case is being heard, we have the experience and resources to represent you effectively.
Speeding in Scotland is a serious issue, it can mean the loss of your licence and worse still, your livelihood. Irrespective of who our client is, we are 100% committed to achieving the best possible outcome in every case we do. We have a meticulous approach which is reflected in our outstanding success rate.Please do not hesitate to phone, e-mail, or fill in the online form below and we will get back to you today.
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