Road Traffic Act 1961

Offence of exceeding speed limit.

47

F148[47.—(1) A person shall not drive a mechanically propelled vehicle F149[or a powered personal transporter] at a speed exceeding the speed limit—

(a) that applies in respect of that vehicle F149[or transporter, as the case may be], or

(b) that applies to the road on which the vehicle F149[or transporter] is being driven where that speed limit is lower than that applying to that vehicle F149[, or transporter, as the case may be].

(2) A person who contravenes subsection (1) is guilty of an offence.

F150[(2A) In a prosecution for an offence under this section, it is presumed, until the contrary is shown by the defendant, that the speed limit indicated on a traffic sign is the speed limit that F151[…] applied under this Act to the road when the offence is alleged to have been committed.]

(3) In this section “speed limit” means a limit which is—

(a) an ordinary speed limit,

(b) the built-up area speed limit,

(c) the regional and local roads speed limit,

(d) the national roads speed limit,

(e) the motorway speed limit,

(f) a special speed limit F152[,]

(g) a road works speed limit F152[, or]]

F153[(h) a variable speed limit.]

Annotations

Amendments:

F148

Substituted (20.01.2005) by Road Traffic Act 2004 (44/2004), s. 11, S.I. No. 8 of 2005.

F149

Inserted (20.05.2024) by Road Traffic and Roads Act 2023 (16/2023), s. 19(a), (b), (c), S.I. No. 197 of 2024.

F150

Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 76, S.I. No. 255 of 2011.

F151

Deleted (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 50(a), S.I. No. 392 of 2023.

F152

Substituted (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 50(b)(i), (ii), S.I. No. 392 of 2023.

F153

Inserted (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 50(b)(iii), S.I. No. 392 of 2023.

F154

Substituted by Road Traffic Act (10/2024), s. 5(a), not commenced as of date of revision.

F155

Inserted by Road Traffic Act (10/2024), s. 5(b), (c), not commenced as of date of revision.

Modifications (not altering text):

C65

Prospective affecting provision: subs. (3)(c) substituted and (3)(ca) and (da) inserted by Road Traffic Act 2024 (10/2024), s. 5(a), (b), (c), not commenced as of date of revision.

(3) In this section “speed limit” means a limit which is—

(a) an ordinary speed limit,

(b) the built-up area speed limit,

F154[(c) the regional roads speed limit,]

F155[(ca) the local roads speed limit,]

(d) the national roads speed limit,

F155[(da) the national primary roads speed limit,]

(e) the motorway speed limit,

(f) a special speed limit F152[,]

(g) a road works speed limit F152[, or]

...

Editorial Notes:

E538

Certain offences under subss. (1), (2) designated fixed charge offences and penalties prescribed (20.05.2024) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2024 (S.I. No. 227 of 2024), regs. 7, 8(b) and sch. 2 item 2 ref. no. 1.

E539

Certain offences under subss. (1), (2) designated fixed charge offences and penalties prescribed (20.05.2024) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2024 (S.I. No. 227 of 2024), regs. 7, 8(g) and sch. 7 item 1 ref. no. 1.

E540

Options for discharging onus of proof in relation to offences under section prescribed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(1), S.I. No. 255 of 2011.

E541

Penalty points in respect of exceeding a speed limit, on payment of fixed charge and on conviction, imposed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 2 and sch. 1 part 1 ref. no. 7, S.I. No. 491 of 2002.

E542

Previous affecting provision: cfertain offences under section designated fixed charge offences and penalties prescribed (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), regs. 3, 4(b) and sch. 2 item 2 ref. no. 1, in effect as per reg. 1(2); revoked (20.05.2024) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2024 (S.I. No. 227 of 2024), reg. 3(b).

E543

Previous affecting provision: certain offences under section designated fixed charge offences for purposes of Road Traffic Act 2010, part 3 and penalties prescribed (1.06.2017) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017), regs. 4, 5(b) and sch. 2 part 1, in effect as per reg. 2; revoked (27.10.2022) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2022 (S.I. No. 526 of 2022), reg. 5(a), in effect as per reg. 1(2).

E544

Previous affecting provision: exceeding the speed limit under section declared to be a fixed charge offence (3.04.2006) by Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006 (S.I. No. 135 of 2006), reg. 4 and sch. 1 part 1, in effect as per reg. 2. The first enabling section, s. 5, remains in force. The other enabling section, s. 103, was repealed (1.06.2017) by Road Traffic Act 2010 (25/2010), s. 49(a), S.I. No. 241 of 2017. This SI appears to be superseded by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017), above.

E545

Previous affecting provision: offence under section declared to be a fixed charge offence for purposes of s. 103 of Act and penalties prescribed (31.10.2002) by Road Traffic Act 1961 (Section 103) (Offences) Regulations 2002 (S.I. No. 492 of 2002), reg. 3; revoked (3.04.2006) by Road Traffic Acts 1961 to 2005 (Fixed Charge Offences) Regulations 2006 (S.I. No. 135 of 2006), reg. 8(b), in effect as per reg. 2.

E546

Previous affecting provision: options for discharging onus of proof in relation to offences under section prescribed (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 21, S.I. No. 491 of 2002 as amended (20.01.2005) by Road Traffic Act 2004 (44/2004), s. 15, S.I. No. 8 of 2005. S. 21 repealed (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 81(10), S.I. No. 255 of 2011.

E547

Power conferred upon road authority to provide and maintain equipment for detection of offences under section (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 42, S.I. No. 222 of 1994.

E548

Previous affecting provision: subs. (3) substituted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 34, S.I. No. 222 of 1994. Section amended as per above F-notes.

E549

Previous affecting provision: subs. (2A) inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 26, S.I. No. 169 of 1968. Section substituted as per above F-note.