Speeding, penalty points and totting-up bans
A speeding offence adds at least 3 penalty points. Reaching 12 points within 3 years means the court must disqualify for at least 6 months unless it accepts exceptional hardship, and with 9 points already a fixed penalty cannot be offered.
Fixed penalties and courses
- The minimum penalty is a £100 fixed penalty and 3 points.
- The police may offer a speed awareness course instead, if they think it suitable and you have not done one in the past 3 years. No points are added.
- A fixed penalty cannot be given if the points would make you liable to a totting-up ban (Road Traffic Offenders Act 1988 s.54(3)). On 9 points, the case will go to court.
Notices
Unless you were warned at the time, a notice of intended prosecution (or summons) must usually be served on the driver or registered keeper within 14 days of the offence (RTOA 1988 s.1). Posted notices are presumed served. The keeper must also answer the section 172 notice naming the driver within 28 days; failing to do so is a separate 6-point offence.
Court sentencing bands
The Sentencing Council speeding guideline has three bands. In a 30mph limit:
- Band A (31 to 40mph): Band A fine, 3 points.
- Band B (41 to 50mph): Band B fine, 4 to 6 points or a 7 to 28 day ban.
- Band C (51mph and above): Band C fine, 6 points or a 7 to 56 day ban.
In a 70mph limit the bands are 71 to 90, 91 to 100 and 101mph and above. Fines start at 50%, 100% or 150% of weekly income, up to £1,000 (£2,500 on a motorway). A longer ban may follow for grossly excessive speed.
Totting-up
If the points to be counted reach 12 or more within 3 years, the court must disqualify for at least 6 months (RTOA 1988 s.35), or 1 or 2 years if you have had one or more bans of 56 days or more in the 3 years before the latest offence. If the court instead bans you for the new offence itself, no points are added for it, so no totting-up ban follows.
Exceptional hardship
The court can shorten or avoid a totting-up ban only if there are mitigating grounds, and hardship must be exceptional (s.35(4)). Inconvenience, or losing your own job alone, is often not enough; serious effects on others, such as dependants, employees or patients, carry more weight. You normally give evidence on oath, and the same grounds cannot be used again within 3 years. (Drink-driving bans work differently; see Drink driving, failing to provide and drug driving.)
New drivers
If you reach 6 or more points within 2 years of passing your test, your licence is revoked (Road Traffic (New Drivers) Act 1995). You must get a provisional licence and pass the theory and practical tests again. This is not a court ban, and exceptional hardship does not apply.
Practical points
Check your record with the DVLA, note offence dates, and take advice before replying or pleading.
Authorities: Road Traffic Offenders Act 1988 ss.1, 35, 54; Road Traffic Act 1988 s.172; Road Traffic (New Drivers) Act 1995; Sentencing Council Speeding (Revised 2017) guideline; GOV.UK Speeding penalties