More and more roads are becoming subject to a 20mph speed limit, indeed more than 50% of London’s roads are subject to a 20mph speed limit, and in Wales, the default speed limit is now 20mph. But is exceeding a 20mph limit treated the same as exceeding a 30mph limit, and can it lead to a ban?
Can repeated 20mph speeding offences lead to a driving ban?
Yes. Speeding in a 20mph limit can attract penalty points in the same way as speeding on any other restricted road. If the penalty points to be taken into account reach 12 or more within the relevant three-year period, the court will normally impose a “totting-up” disqualification of at least six months. The fact that the individual offences involved relatively modest speeds does not prevent the totting-up rules from applying.
Key points:
- The legal limit is 20 mph wherever a valid 20 mph restriction applies.
- There is no legal entitlement to a tolerance above the displayed limit.
- The minimum speeding penalty is normally £100 and three penalty points when the matter is dealt with by fixed penalty.
- A speed-awareness course is discretionary and is not available in every case.
- Reaching 12 points within three years normally results in a minimum six-month disqualification.
- A court may reduce or avoid the ban only where the legal test for exceptional hardship is met; ordinary inconvenience is not enough.
- New drivers face a separate licence-revocation regime after six points during the first two years after passing their test.
Are more 20mph speeding cases reaching court?
A recent case list at Lavender Hill Magistrates Court showed that 33 of 53 listed hearings concerned speeding, and that 24 involved alleged breaches of 20 mph limits detected by a speed camera. Several defendants were approaching 12 penalty points, putting them at risk of a totting up disqualification.
These cases emphasise that repeated lower-level speeding allegations can have serious cumulative consequences, even where each individual offence might otherwise attract three points.
Is there a legal tolerance above a 20mph speed limit?
No. The legal maximum remains 20 mph. A vehicle exceeding that limit may commit a speeding offence.
Police enforcement guidance may influence when officers or camera partnerships take action, and a driver may sometimes be offered a course or fixed penalty, however those are operational decisions. They do not create a higher legal speed limit or a right to avoid prosecution below a particular threshold. Click here to read our in depth article on whether the supposed 10% plus 2mph limit is embedded within the law.
How many points are imposed for speeding in a 20mph zone?
The minimum penalty for speeding is £100 and three penalty points. Depending on the alleged speed and the circumstances, the case may instead be prosecuted in the magistrates’ court, where the court can impose a fine and between three and six points or consider disqualification where the speeding is excessive.
A speed-awareness course may be offered in some cases, but it is not a legal entitlement. Eligibility depends on the relevant scheme, the circumstances of the allegation and the driver’s previous course history.
Drivers should not assume that a series of three-point offences is inconsequential. Four offences carrying three points each can take a driver to the 12-point threshold.
How does a totting-up driving ban work?
Section 35 of the Road Traffic Offenders Act 1988 governs disqualification for repeated offences. Where the points to be taken into account total 12 or more, the court must normally impose at least the statutory minimum period of disqualification.
The usual minimum periods are:
- six months where there is no relevant previous disqualification;
- one year where one relevant previous disqualification is taken into account; and
- two years where more than one relevant previous disqualification is taken into account.
For totting purposes, penalty points are counted by reference to offences committed within three years of one another. This is different from the period for which an endorsement may remain visible on the driving record. It’s important to remember that it is the date of the offence which counts for totting-up purposes, not the date of conviction. If you have committed offences within a three year period and those points add up to twelve or more, then you are liable for a totting up disqualification, regardless of how long it takes for the case to reach court.
Can exceptional hardship prevent a six-month ban?
The court has power to reduce the period of disqualification or avoid a totting-up disqualification altogether where the consequences would amount to exceptional hardship. The test is deliberately higher than inconvenience or ordinary hardship. The circumstances must be exceptional.
Losing your employment does not automatically establish exceptional hardship. The court will examine the complete consequences, the available alternatives and the supporting evidence. The impact on other people may be highly relevant, but it’s important to remember that every application turns on its own facts.
The court cannot treat the individual speeding offences as less serious simply to avoid the totting-up consequences. It also cannot rely on ordinary hardship or reuse circumstances that have already supported a successful exceptional-hardship argument within the preceding three years.
An assertion is not enough. Documentary evidence and supportive evidence such as character references can be vital. If you are facing the possibility of a totting up disqualification, its extremely important to obtain specialist advice before deciding how to respond to the allegation or what evidence to present.
What is different for new drivers?
A driver who accumulates six or more points for offences committed during the two-year probationary period after first passing a test would have their licence revoked by the DVLA under the Road Traffic (New Drivers) Act 1995.
Revocation is different from a court-imposed totting-up ban. The driver would have to apply for a new provisional licence and pass both the theory and practical tests again before regaining a full licence. The six-point new-driver rule does not replace the separate 12-point totting-up provisions. There are ways of avoiding licence revocation for new drivers, so if you are a new driver facing licence revocation then it’s important to obtain specialist advice as soon as possible, and certainly before responding to any fixed penalty offer.
Practical steps when penalty points are approaching 12:
Check the official driving record via the Governments “view driving licence information” service and the offence dates rather than relying on memory or the date on which the points were added. Keep every notice, court document and item of correspondence. Do not assume that ignoring a notice will prevent points being imposed; failure to respond can create a separate allegation of failing to identify the driver which carries its own penalty points, and the number of points attracted (six) are usually higher than the original speeding offence.
Frequently asked questions:
Can I be prosecuted for driving at 21 mph in a 20 mph limit?
Yes. The legal maximum is 20 mph. Enforcement policies may allow operational discretion, but they do not create a lawful tolerance above the limit.
Is a speed-awareness course guaranteed for a first offence?
No. A course is discretionary. It depends on the alleged speed, local scheme criteria and any previous course attendance.
How long is a ban for reaching 12 points?
The usual minimum is six months if no relevant previous disqualification is taken into account. The minimum can increase to one or two years where qualifying previous disqualifications apply.
Does losing my job automatically amount to exceptional hardship?
No. Employment consequences may be relevant, but the court must be satisfied that the overall hardship is exceptional. Evidence and available alternatives will be examined.
Do penalty points count for three years or four years?
For totting-up purposes, the relevant period is three years between offence dates. An endorsement may remain on the driving record for longer, commonly four years for speeding.
Is the six-point rule for new drivers the same as totting up?
No. Accruing six penalty points during the first two years after passing a driving test would cause DVLA revocation. Totting up concerns 12 or more penalty points and can result in a court-ordered disqualification. You cannot advance an exceptional hardship argument when reaching the six-point threshold as a new driver, however the arguments deployed to prevent the points from being endorsed onto the driving licence, and therefore avoid licence revocation, can be similar.
Speak to Ashworth Motoring Law:
If a speeding allegation may take your licence to 12 penalty points, the consequences can be more serious than the latest offence considered in isolation. Contact Ashworth Motoring Law on 0330 33 22 770 to see how your driving licence could be saved.