Road Traffic Act 1961
Offence of exceeding speed limit.
F138[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.
F139[(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 F140[…] 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 F141[,]
(g) a road works speed limit F141[, or]]
F142[(h) a variable speed limit.]
Annotations
Amendments:
F138
Substituted (20.01.2005) by Road Traffic Act 2004 (44/2004), s. 11, S.I. No. 8 of 2005.
F139
Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 76, S.I. No. 255 of 2011.
F140
Deleted (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 50(a), S.I. No. 392 of 2023.
F141
Substituted (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 50(b)(i), (ii), S.I. No. 392 of 2023.
F142
Inserted (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 50(b)(iii), S.I. No. 392 of 2023.
F143
Inserted by Road Traffic and Roads Act 2023 (16/2023), s. 19(a), (b), (c), not commenced as of date of revision.
Modifications (not altering text):
C63
Prospective affecting provision: subs. (1), subs. (1)(a), (b) amended by Road Traffic and Roads Act 2023 (16/2023), s. 19(a)-(c), not commenced as of date of revision.
47.—(1) A person shall not drive a mechanically propelled vehicle F143[or a powered personal transporter] at a speed exceeding the speed limit—
(a) that applies in respect of that vehicle F143[or transporter, as the case may be], or
(b) that applies to the road on which the vehicle F143[or transporter] is being driven where that speed limit is lower than that applying to that vehicle F143[, or transporter, as the case may be].
Editorial Notes:
E527
Certain 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).
E528
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.
E529
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.
E530
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).
E531
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.
E532
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.
E533
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.
E534
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.
E535
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.
E536
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.