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Changes To Fine Levels For Speeding

 


From today, there will be a harsher punishment if you get caught speeding. 

You could be fined 150% of your weekly earnings, up to a maximum of £2,500.

At the moment, a common fine is £100 so things could be about to get much tougher.

The top level fine will be for people driving on the motorway, where the risks are most severe.

Those who drive above the speed limit elsewhere could be fined £1,000.

Here’s all the details you know of how much people could be fined – things get worse the further above the limit you go, with Band C being the harshest punishment.

New speeding chart for new speed rules April 2017

You can use the Free Fine calculator from the Sentencing Council.

The Sentencing Council introduced the change because it felt the current punishments do not reflect the ‘potential harm’ that speeding can do.Sentencing guidelines are set out in the table above but magistrates will have the ability to adjust what punishment is dealt based on ‘aggravating factors’ including previous convictions and weather conditions.

In 2015, 166,695 people in England and Wales were sentenced for speeding with the average fine £188.

The maximum fines will stay the same, but higher fines are likely to be applied more with the new guidelines.

Speeding is amongst a number of crimes to see tougher or alternative sentencing guidelines introduced including animal cruelty and TV licence evasion.

You can use the Free Fine calculator from the Sentencing Council.

The calculator is designed to assist magistrates and judges in calculating the total financial penalty in a case. It is not a decision making tool.

Road Traffic Regulation Act 1984, s.89(1)
Effective from: 24 April 2017

Steps 1 and 2 – Determining the offence seriousness

The starting point applies to all offenders irrespective of plea or previous convictions.

Speed limit (mph) Recorded speed (mph)
20 41 and above 31 – 40 21 – 30
30 51 and above 41 – 50 31 – 40
40 66 and above 56 – 65 41 – 55
50 76 and above 66 – 75 51 – 65
60 91 and above 81 – 90 61 – 80
70 101 and above 91 – 100 71 – 90
Sentencing range Band C fine Band B fine Band A fine
Points/disqualification Disqualify 7 – 56 days OR 6 points Disqualify 7 – 28
days OR  4 – 6 points
3 points
  • Must endorse and may disqualify. If no disqualification impose 3 – 6 points
  • Where an offender is driving grossly in excess of the speed limit the court should consider a disqualification in excess of 56 days.
Band ranges

The court should then consider further adjustment for any aggravating or mitigating factors. The following is a non-exhaustive list of additional factual elements providing the context of the offence and factors relating to the offender. Identify whether any combination of these, or other relevant factors, should result in an upward or downward adjustment from the sentence arrived at so far.

Starting point Range
Fine Band A  50% of relevant weekly income  25 – 75% of relevant weekly income
Fine Band B  100% of relevant weekly income  75 – 125% of relevant weekly income
Fine Band C  150% of relevant weekly income 125 – 175% of relevant weekly income
Fine Band D  250% of relevant weekly income 200 – 300% of relevant weekly income
Fine Band E 400% of relevant weekly income 300 – 500% of relevant weekly income
Fine Band F  600% of relevant weekly income  500 – 700% of relevant weekly income

Factors increasing seriousness

Statutory aggravating factors:

  • Previous convictions, having regard to a) the nature of the offence to which the conviction relates and its relevance to the current offence; and b) the time that has elapsed since the conviction
  • Offence committed whilst on bail

Other aggravating factors:

  • Offence committed on licence or post sentence supervision
  • Poor road or weather conditions
  • Driving LGV, HGV, PSV etc.
  • Towing caravan/trailer
  • Carrying passengers or heavy load
  • Driving for hire or reward
  • Evidence of unacceptable standard of driving over and above speed
  • Location e.g. near school
  • High level of traffic or pedestrians in the vicinity

Factors reducing seriousness or reflecting personal mitigation

  • No previous convictions or no relevant/recent convictions
  • Good character and/or exemplary conduct
  • Genuine emergency established

You can use the Free Fine calculator from the Sentencing Council.

The calculator is designed to assist magistrates and judges in calculating the total financial penalty in a case. It is not a decision making tool.

3. ‘Totting up’ disqualification

Disqualification for a minimum of six months must be ordered if an offender incurs 12 penalty points or more within a three-year period (Road Traffic Offenders Act (“RTOA”) 1988, s.35). The minimum period may be automatically increased if the offender has been disqualified within the preceding three years. Totting up disqualifications, unlike other disqualifications, erase all penalty points.

The period of a totting up disqualification may be reduced or avoided for exceptional hardship or other mitigating circumstances if the court thinks fit to do so. No account is to be taken of hardship that is not exceptional hardship or circumstances alleged to make the offence not serious. Any circumstances taken into account in the preceding three years to reduce or avoid a totting disqualification must be disregarded (RTOA 1988, s.35).

Consult your legal adviser for further guidance on exceptional hardship applications.

4. Discretionary disqualification

Whenever an offender is convicted of an endorsable offence or of taking a vehicle without consent, the court has a discretionary power to disqualify instead of imposing penalty points. The individual offence guidelines indicate whether the offence is endorsable and the number or range of penalty points it carries.

The number of variable points or the period of disqualification should reflect the seriousness of the offence. Some of the individual offence guidelines include penalty points and/or periods of disqualification in the sentence starting points and ranges; however, the court is not precluded from sentencing outside the range where the facts justify it. Where a disqualification is for less than 56 days, there are some differences in effect compared with disqualification for a longer period; in particular, the licence will automatically come back into effect at the end of the disqualification period (instead of requiring application by the driver) and the disqualification is not taken into account for the purpose of increasing subsequent obligatory periods of disqualification (Road Traffic Offenders Act 1988, ss.34(4), 35(2), 37(1A)).

In some cases in which the court is considering discretionary disqualification, the offender may already have sufficient penalty points on his or her licence that he or she would be liable to a ‘totting up’ disqualification if further points were imposed. In these circumstances, the court should impose penalty points rather than discretionary disqualification so that the minimum totting up disqualification period applies.

You can use the Free Fine calculator from the Sentencing Council.

The calculator is designed to assist magistrates and judges in calculating the total financial penalty in a case. It is not a decision making tool.