Speeding
Speeding means driving a motor vehicle on a road faster than the speed limit for that road or vehicle, an offence under section 89 of the Road Traffic Regulation Act 1984. In Scotland most cases are dealt with by a conditional offer of a £100 fixed penalty and 3 points, but serious cases go to court.
Law checked as at 25 September 2026. Legal information only, not legal advice, and not a prediction of any sentence.
At a glance
| Also known as | Exceeding the speed limit, Speeding offence, SP30 |
|---|---|
| The law | Road Traffic Regulation Act 1984, section 89 |
| Where it is tried | a summary-only offence. Cases that go to court are usually heard in the Justice of the Peace court under summary procedure; very high speeds may be prosecuted in the sheriff court. |
| Maximum penalty | A fine of up to £1,000 (£2,500 on a motorway) and 3 to 6 penalty points or discretionary disqualification. The conditional offer of a fixed penalty is £100 and 3 points. |
Maximum penalties are the most a court can impose for the worst cases. Most sentences are far lower, and the actual sentence depends on the facts, any guilty plea and the court's assessment.
What the prosecution must prove
- The accused drove a motor vehicle on a road.
- They exceeded the speed limit that applied to that road or type of vehicle.
- The speed was proved by an approved measuring device or by evidence that does not rest on the opinion of one witness alone (section 89(2)).
- Where required, a notice of intended prosecution was given within 14 days or a warning was given at the time.
Defences and common issues
- No notice of intended prosecution was served within 14 days, where one was required (Road Traffic Offenders Act 1988, section 1).
- The speed measurement was unreliable, for example because the device was not approved or not used properly, or the speed limit was not properly signed.
- Exemption for fire, police, ambulance and certain other vehicles being used for those purposes where observing the limit would hinder them (section 87).
- Identification: the prosecution cannot prove who was driving.
Frequently asked questions
Can I go on a speed awareness course in Scotland?
No. Safety Camera Scotland states that speed awareness courses are not currently available for offences committed in Scotland. This is different from England and Wales, where drivers are sometimes offered a course instead of points. In Scotland the usual alternative to prosecution is a conditional offer of a fixed penalty of £100 and 3 penalty points, which must be accepted within 28 days. More serious cases are reported to the Procurator Fiscal and may go to court.
Do I have to tell the police who was driving my car?
Yes. Under section 172 of the Road Traffic Act 1988 the registered keeper, and any other person when asked, must give information identifying the driver at the time of an alleged offence. This is a legal duty, and the normal right to silence does not excuse you from it. Failing to provide the information without a good reason is a separate offence carrying 6 penalty points and a fine of up to £1,000. A defence exists if you could not find out who was driving despite reasonable diligence.
What happens if I do not accept a conditional offer for speeding?
If you do not accept the conditional offer within 28 days, or you choose to decline it, the case is passed to the Procurator Fiscal to decide whether to prosecute. If you are prosecuted and convicted, the court can impose a higher fine of up to £1,000 (£2,500 on a motorway), between 3 and 6 penalty points, or a ban. You might choose not to accept if you dispute the offence, and a solicitor can advise on the strength of the evidence.
Can I be banned for speeding in Scotland?
Yes. When a speeding case goes to court, the court can disqualify you instead of endorsing points, particularly for very high speeds. A ban can also follow from totting up: reaching 12 or more penalty points within three years usually leads to at least a six-month ban unless you persuade the court that a ban would cause exceptional hardship. Drivers who passed their test within the last two years have their licence revoked if they reach 6 points.
Is there a legal tolerance before you get a speeding ticket?
No. Driving at any speed above the limit is an offence. Police and safety camera partnerships may use discretion about when to take action, and speed-measuring devices have margins of error, but no speed above the limit is legally allowed. The speed limit is a maximum, not a target, and you can also be prosecuted for careless or dangerous driving if you drive too fast for the conditions while staying within the limit.
Work out your penalty points, totting-up and ban risk.
Penalty points calculator →Official sources
Primary sources and official guidance on this topic, for anyone who wants to read the underlying rules directly.
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