The Speeding Laws- Overview
On the Home page there is a mission statement to keep informationon this site simple
However the problem is thatEnglish law is , by its very nature, complex. It has been around in one form or other for well over a 1000 years and we have by far the most complex legal system in the world.
Each rule of law is brought about by a parent act of parliament. These can be revised and expanded later by what is known as statutory instruments or by amendment by yet another act of parliament.
Ideally old acts of parliament should be withdrawn ( repealed) in favour of the new legislation but this does not always happen and usually only certain sections of the older act are withdrawn
The result is an ever growing number of laws in existence.
The Road Traffic Laws are just about as complicated as they get and even competent solicitors sometimes struggle with its interpretation.
We will try make this section a jargon free zone but there will be sections where the law will be stated as per the statutes. Where possible we will use links so you can look at the full law at your leisure.
The laws are constructed to be applied to the letter. However sometimes the legal points are open to legal argument and interpretation by the Magistrates and Judges. This interpretation is more relevant if it is dispensed at a High Court. Rulings at the higher courts influence the magistrates courts at subsequent similar proceedings and are sometimes referred to as Decided or Stated cases.
Where relevant there will comment or include a link to the relevant case.
It is important to realise that the law relating to speeding offences is different to the law relating to furnishing information to identify the driver. Because of the use of speed cameras the two offences often tend to become entwined.
One thing remains certain. For the foreseeable future both offences will be fertile ground for legal argument
We will focus on four distinct areas of law
Fixed Penalties
Speeding Law
Notices of Intended Prosecutions(Including Conditional offer Of Fixed Penalties)
Failing to Give Details of the driver