Road Traffic Act 1961

Offence of exceeding speed limit.

47

F113 [ 47. (1) A person shall not drive a mechanically propelled vehicle at a speed exceeding the speed limit

( a ) that applies in respect of that vehicle, or

( b ) that applies to the road on which the vehicle is being driven where that speed limit is lower than that applying to that vehicle.

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

F114 [ (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 has been 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, or

( g ) a road works speed limit. ]

Annotations

Amendments:

F113

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

F114

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

Editorial Notes:

E499

Certain offences under section designated fixed charge offences for purposes of Road Traffic Act 2010, part 3 (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.

E500

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.

E501

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.

E502

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 The other enabling section, s. 103, was repealed (1.06.2017) by Road Traffic Act 2010 (25/2010), s. 49(a), S.I. No. 241 of 2017. This SI appears to be superseded by Road Traffic Act 2010 (Part 3) (Fixed Charge Offences) Regulations 2017 (S.I. No. 244 of 2017), above.

E503

Previous affecting provision: offence under section declared to be a fixed charge offence for purposes of s. 103 of Act (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.

E504

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.

E505

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.

E506

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.

E507

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.