Road Traffic Act 1961

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Road Traffic Act 1961

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Offence of exceeding speed limit.

F151[47.—(1) A person shall not drive a mechanically propelled vehicle F152[or a powered personal transporter] at a speed exceeding the speed limit—

(a) that applies in respect of that vehicle F152[or transporter, as the case may be], or

(b) that applies to the road on which the vehicle F152[or transporter] is being driven where that speed limit is lower than that applying to that vehicle F152[, or transporter, as the case may be].

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

F153[(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 F154[…] 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,

F155[(c) the regional roads speed limit,]

F156[(ca) the local roads speed limit,]

(d) the national roads speed limit,

(e) the motorway speed limit,

(f) a special speed limit F157[,]

(g) a road works speed limit F157[, or]]

F158[(h) a variable speed limit.]

Annotations

Amendments:

F151

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

F152

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

F153

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

F154

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

F155

Substituted (7.02.2025) by Road Traffic Act 2024 (10/2024), s. 5(a), S.I. No. 616 of 2024.

F156

Inserted (7.02.2025) by Road Traffic Act 2024 (10/2024), s. 5(b), S.I. No. 616 of 2024.

F157

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

F158

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

F159

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

Modifications (not altering text):

C53

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

F159[(da) the national primary roads speed limit,]

Editorial Notes:

E549

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.

E550

E551

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.

E552

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.

E553

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 operation 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).

E554

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 operation 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 operation as per reg. 1(2).

E555

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 operation 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. As s. 5 only enables the making of an SI "precribing any matter or thing which is referred to in this Act as prescribed or to be prescribed", the repeal of s. 103 would appear to remove the enabling authority from s. 5. This SI appears to be superseded (1.06.2017) by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017), in operation as per reg. 2, above.

E556

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 operation as per reg. 2.

E557

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.

E558

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.

E559

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.

E560

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.