KNOW YOUR RIGHTS THE NEW 20MPH SPEED LIMIT
From 17 September the national 30mph limit in Wales will be lowered to 20mph. The change will apply to all ‘restricted roads’ and will be in force across the roads in Wales, not in England and Scotland.
Despite the lack of media attention, we at Patterson Law consider this to be a huge change. Yes, we’ve already
seen a fair few roads in London and inner cities changed to 20, but this is the first time the law is being changed so that the standard limit is 20 rather than 30.
But what does this mean for drivers, how can you tell what the speed limit is and when, and is this going to roll out to England and Wales?
This article will help answer your questions on speed- ing, but if you need advice on a specific speeding offence, please email
advice@pattersonlaw.co.uk or call 01626 359800 for free legal advice.
WHAT IS A ‘RESTRICTED ROAD’ AND HOW CAN YOU TELL WHAT THE SPEED LIMIT IS?
Generally speaking, there are three main speed limits in the UK: ‘restricted roads’, the ‘national speed limit’ (NSL) and ‘motorways/dual carriageways’.
1. A restricted road is one determined by a system of street lighting no more than 200 yards apart – the usual speed limit you will see in towns and cities. The limit on a restricted road is 30mph – although this is now changing to 20 in Wales. Restricted roads are not determined by signs. So if you are in a town/city or any road where there are streetlights but no signs, then the limit will be 30 in England and Scotland, and as of the 17 September, 20 in Wales (although local Welsh councils have applied ‘exception zones’ where this will not apply. To see a full map visit:
gov.wales).
2. The national speed limit is 60mph – so a road without signs or a system of streetlighting will be a 60 limit.
3. A motorway is a specified road and is subject to a 70mph limit. Dual carriageways with a central reservation also carry a 70 limit (but one without a central reservation will be 60mph).
Any other speed limit (e.g. 40 or 50) must be determined by two signs on entry to the speed limit, one either side of the road, with regular repeater signs.
SPEED LIMITS FOR DIFFERENT CLASSES OF VEHICLE
It’s important to remember these speed limits are for ordinary vehicles and won’t apply to certain vehicle classes.
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WHEN WILL I BE AT RISK OF A BAN? You will be at risk of a ban in only in two cases:
SEPTEMBER 2023 PHTM
• If you’re in an ordinary vehicle but towing a trailer, the limit will be 60 on a motorway and 50 in a NSL.
• Passenger vehicles (vehicles constructed to carry more than eight passengers excluding driver OR unladen weight exceeding 3.05 tonnes) are restricted to 50 in a NSL and 60 on a dual carriageway if they are less than 12m in length, and if more than 12m in length are restricted to 60 on a motorway too. They will be further restricted when towing trailers.
• Goods vehicles (constructed or adapted for the purposes of carrying goods) are restricted to 50 in a NSL and 60 on a dual carriageway if the maximum laden weight is less than 7.5t, and if higher than 7.5t are restricted to 60 on a motorway, 50 on a dual carriageway and 40 in a NSL. And again, will be further restricted when towing.
WHAT HAPPENS IF I GET CAUGHT SPEEDING?
The first thing you will receive is a Notice of Intended Prosecution (NIP) notifying you of the offence, together with a request for information asking you to nominate the driver. You must respond to the request – failure to do so will see you prosecuted for failing to provide driver information – an offence which carries six points and up to a £1,000 fine. However, this only applies if you were caught by a camera – if you were stopped by the police they will give you a ‘verbal’ NIP and will identify you as the driver by looking at your licence.
After the NIP/identification has been done, there are one of a few things that can happen:
1. If the speed is low enough and you’ve not done one in the previous three years, the police will offer you a speed awareness course instead of points. Speed thresholds for courses are determined by police policy.
2. If the speed is too high for a course, you’ll be offered a fixed penalty of £100 and three points. If you accept it, you pay the fine, send your licence to the police, and that’s the end of proceedings. However, you will not be able to accept if you already have nine points on your licence (see below). The speed thresholds for fixed penalties are also determined by police policy.
3 If the speed is too high for a course or a fixed penalty, or if you’ve got nine or more points and aren’t eligible for a course, the case will proceed straight to court, where you will be at risk of a penalty based on the Magistrates’ Sentencing Guidelines found here:
https://www.sentencingcouncil.org.uk/offences/mag istrates-court/item/speeding-revised-2017/
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