What Is The Basic Speed Law In Utah?

What Is The Basic Speed Law In Utah
Utah Speeding Laws – It is required that all motorists follow the speed limit for a particular location or road. Speed limits are put into place to ensure the safety of motorists, pedestrians, and others. The State of Utah has a number of regulations that pertain to how drivers should adjust their speed depending on the situation.

Crossing an intersection or railroad crossing Traveling across a hillcrest Driving through a narrow or winding road Traversing through a street filled with pedestrians Driving in adverse or inclement weather

This is not an exhaustive list. There are other instances where a motorist is required to drive carefully or risk being cited for speeding. The State of Utah also has speed limits that vary depending on the area traffic is being routed through:

School zones have a reduced speed of 20 miles per hour Urban districts that are typically filled with pedestrians have a 25 mile per hour limit 55 miles per hour for areas not zoned as a school zone or urban district 65 miles per hour for highways Maximum 75 miles per hour for specific freeways

It is important to note that every county in Utah possesses the authority to change the speed limit in their respective county. As a result, some counties may have stricter laws regarding speeding on a freeway or school zone. Be sure to consistently check the speed limit and avoid assuming the speed limit is the same for every county.

What is the legal speed limit in Utah?

State Rural interstates (mph) Other limited access roads (mph)
Utah 75; 80 on specified segments of road 9 75
Vermont 65 50
Virginia 70 65
Washington 70; 75 on specified segments of road 10 trucks: 60 60

What is the new speeding law in Utah?

Beginning on May 4, 2022, a person driving at speeds of 105 miles per hour or greater can be charged with Reckless Driving, a Class B Misdemeanor. Additionally, any speed violation in excess of 100 miles per hour will result in a 150% enhanced fine.

What does the basic speed law require of you?

Speed Limits – California’s “Basic Speed Law” means that you may never drive faster than is safe for current conditions. Regardless of the posted speed limit, your speed should depend on:

The number and speed of other vehicles on the road.Whether the road surface is smooth, rough, graveled, wet, dry, wide, or narrow.Bicyclists or pedestrians on or crossing the roadway.Whether it is raining, foggy, snowing, windy, or dusty.

Unless otherwise posted, the maximum speed limit is 55 mph on a two-lane undivided highway and for vehicles towing trailers.

Is it illegal to go under the speed limit in Utah?

Utah Fourth Amendment Issues – Davis County Experienced Criminal Defense Attorneys / Former Prosecutors Call 801-449-1409 now for help protecting your rights. Criminal Defense Solutions Start Here SM It is common for police to stop a driver for going faster than the posted speed limit.

  • But there are circumstances where Utah law does allow an officer to pull you over for driving more slowly than the posted limit.
  • This is rare.
  • But if you have been arrested based on information and evidence obtained by police after you were stopped for driving too slowly, you should consult with an experienced,

Utah criminal lawyer Stephen Howard provides legal services to clients in Davis County and throughout Utah. He has handled thousands of serious felony and misdemeanor cases for clients during his career. us today to see how we can help you. Driving under the speed limit is not, by itself, a crime.

In theory, the posted speed limit serves as prima facie evidence of the maximum safe speed at which a driver may operate a motor vehicle on a given road. Going more slowly than that maximum safe speed is not, by itself, a crime. In order to justify pulling a driver over for going too slowly, a police officer must be able to articulate a set of facts that give rise to a reasonable suspicion of some crime.

Driving so slowly that you are impeding the normal flow of traffic can form the basis for a traffic citation. But if slow speed by itself is not impeding traffic, a police officer may still be able to articulate grounds sufficient to justify stopping a slow driver.

  1. Absent some specific traffic violation, a police officer must be able to connect the slow driving to a reasonable suspicion of some other crime.
  2. For example, if police have received reports that occupants of a white sedan (make and model unknown) are breaking into vehicles late at night in a specific neighborhood, and an officer observes a white Honda Accord driving slowly passed other parked cars while a passenger peers out the window into the parked car, a police officer could argue that these facts supported a reasonable suspicion that the occupants of this vehicle may be involved in the vehicle burglaries.

In order to support a stop of a vehicle under a analysis, police do not have to prove that their suspicion was accurate. Instead, police only have to demonstrate that the observed facts could reasonably support their suspicion that criminal activity was occurring or was about to occur.

In the example above, it is possible that the occupants of the white Honda were engaging in lawful activities and that the individuals who were breaking into vehicles were actually driving a white Toyota Camry. The mere fact that the police officer’s suspicion turned out to be wrong does not necessarily invalidate any stop, search, or seizure.

The courts look at whether the officer’s actions were reasonable at the time of inception, even if the suspicion turned out to be wrong. Any traffic stop made by police must be limited in both scope and time. The limits that are placed on a police officer will initially depend on the reason for which you were pulled over.

  • But those limits may be expanded depending on what other information or evidence the officer discovers (and how it is discovered) following the initial stop.
  • When making a basic traffic stop, police are generally limited to requesting driver and vehicle information.
  • If all appears to be in order, the police should promptly issue a citation and should generally send the driver on his or her way.

Unless an extension in scope is justified on some other factual grounds, a police officer should not ask investigative questions not directly related to the initial purpose of the traffic stop, nor should the officer engage in conduct intended to extend the duration of the stop.

If the officer has stopped a vehicle based on a reasonable suspicion that the occupants of the vehicle are involved in other criminal activity, the scope of the officer’s conduct should be limited to what is reasonably necessary to either confirm or dispel the suspicion.| For example, if police had received a report that two tall, bald men with facial tattoos were driving a white sedan and breaking into cars, but when the police pulled over the white Honda they found two short females with long hair, it would be hard to justify further detention for investigatory purposes.

On the other hand, if the white Honda was occupied by two tall, bald men with facial tattoos, the officer would likely be justified in asking these individuals a few questions to determine whether they had been involved in the vehicle burglaries. If, upon stopping the white Honda and finding suspects matching the two men described by witnesses, the officer also observed in plain view in the back seat items that matched the descriptions of the property reportedly stolen in the other vehicle burglaries, the initial investigatory stop could quickly turn into an arrest.

  1. Evidence obtained by police in violation of the Fourth Amendment may be subject to a,
  2. If such a motion is successful, a court may order that any such evidence be suppressed or excluded at trial.
  3. In some instances, suppression of evidence may result in a complete dismissal of the criminal case.
  4. In other situations, a may still have other evidence sufficient to support the charges.

Whether you are facing or charges, having an experienced criminal defense attorney on your side can be critical. Serving clients in Davis County and throughout Utah, criminal defense lawyer Stephen Howard has defended clients in thousands of serious felony and misdemeanor cases in Utah.

Selected Victories Dismissed – Contractor was charged with theft by deception for allegedly misusing customer funds and failing to complete work that had been agreed upon. A successful motion to quash on legal grounds following the bindover order at preliminary hearing resulted in a complete dismissal of all charges. Dismissed – Client was facing multiple cases involving first-degree felony drug distribution charges for allegedly selling to a confidential informant. Defense analysis of the case revealed fatal flaws in the prosecution case that ultimately resulted in a complete dismissal of all cases and charges. Expunged – Client with prior conviction for violent felony was ineligible for expungement through the courts. A successful 2-step reduction restored expungement eligibility and ultimately led to the court’s decision to grant the requested expungement. Dismissed – Client facing first-degree felony charge and possible life in prison for child kidnapping. Full defense analysis of the case revealed critical legal flaws in the prosecution’s case. When confronted with the defense legal analysis, the prosecutor agreed to dismiss the case outright without trial.

Recent Posts – Many DUI cases begin as minor traffic stops. But the consequences of a DUI conviction are much more serious than an ordinary traffic citation. If you are pulled over for a suspected DUI, you have specific important constitutional and statutory rights that can protect your., – Even if you do not intend to take your case to trial, a misdemeanor criminal offense in Utah can require multiple court appearances to reach a resolution. If you have been charged with a crime in Utah, but are not a Utah resident, an experienced criminal defense attorney may be able to help you resolve the case without returning to the state.,

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The right criminal defense lawyer can work with you to develop a defense strategy designed to achieve the best results. Hiring a Utah criminal attorney with real courtroom experience and an in-depth understanding of the legal issues involved in defending against a criminal prosecution can help ensure the best.

With decades of combined experience, our criminal defense team attorneys have the knowledge, skill, and determination to help you achieve the results you need. Facing criminal prosecution in Utah can have serious consequences. Choosing the best attorney to defend your case may be one of the most important decisions you will ever make.

In Utah, even a “minor” misdemeanor conviction carries the potential for jail time and significant fines. A felony conviction carries the potential of lengthy prison terms and the various consequences that come with being labeled as a convicted felon.

  1. Never plead guilty without first finding out.
  2. Clients sometimes ask what the “worst case scenario” is for their charges.
  3. We prefer to take a more positive approach.
  4. Facing criminal prosecution in Utah can have serious consequences.
  5. But you can take steps and make choices right now that will improve your chances of a positive outcome.

Let us help you. | | | | | | | Serving,,,,,,,, and Counties, and all of Utah. Attorney Stephen Howard practices as part of the Canyons Law Group, LLC and, Offices in Salt Lake and Davis Counties 560 South 300 East, Suite 200, Salt Lake City, UT 84111 952 S.

  1. Main St., Suite A, Layton, UT 84041Call now to arrange for a confidential initial consultation with an experienced and effective Utah criminal defense lawyer.In Salt Lake City, call 801-449-1409.In Davis County, call 801-923-4345.
  2. The materials in this website are intended for informational purposes only, and are not legal advice.

Viewing or responding to materials in this site does not create an attorney-client relationship. : Utah Fourth Amendment Issues – Davis County

Is the speed limit 80 in Utah?

What is the Utah speed limit? I’m driving up to Utah to visit some family. After we get together, I’m going to travel around the state to see some of its top attractions. I just want to make sure I know what the speed limit is so I don’t get a ticket—what’s the speed limit in Utah? Sounds like a great balance of family time and adventure! To avoid getting a speeding ticket, note that the speed limit is a maximum of 80 mph, although this is only along rural stretches of the interstate.

55 mph to 65 mph on Utah State Highways 25 mph in residential areas and business districts unless otherwise posted 20 mph in school zones unless otherwise posted

Because Utah has remote roads between major road trip attractions, you may want to consider —it functions just like roadside assistance. To get the best rate on this coverage or to compare rates on your regular coverage, download the app today. Jerry is a and insurance comparison tool that collects quotes from over 55 top-rated insurers in just 45 seconds.

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We aren’t paid for reviews or other content. : What is the Utah speed limit?

Does Utah have 80 mph speed limits?

Utah Speed Limits & Driving Laws Be Prepared As you visit, do your part to keep Utah Forever Mighty. Aside from obeying all posted speed limits and driving on the right side of the road, there are a few things you should know about driving in Utah. The minimum driving age in Utah is 16 years old.

All drivers must have a valid license. Visitors from other states or countries may drive in Utah as long as they have a current driver license and are at least 16 years old. On most highways, the speed limit is 65 or 70 miles per hour, particularly in urban areas along the Wasatch Front and eastbound to Park City.

Speed limits increase to75 or 80 miles per hour on interstate highways and 65 miles per hour on some state highways. These increased speeds are only allowed where they are clearly posted. Transition zones from one speed limit to another are indicated with pavement markings and additional signs.

Can you go 5 miles over the speed limit in Utah?

Penalties for a Speeding Ticket – A speeding violation is a traffic infraction in Utah. The consequences of a speeding ticket depend on the circumstances. The fines for a speeding violation are:

$120 for 1 to 10 miles per hour over the limit $150 for 11 to 15 miles per hour over the limit $200 for 16 to 20 miles per hour over the limit $270 for 21 to 25 miles per hour over the limit $370 for 26 to 30 miles per hour over the limit, and $470 minimum for 31 or more miles per hour over the limit.

A speeding violation will add between 35 and 75 points to the driver’s record. And depending on the circumstances—including the degree of dangerousness and whether anyone was injured or killed—a speeding violation could also lead to reckless driving or vehicular homicide charges.

What is the penalty for speeding 90 in a 70?

Speeding fines FAQs –

How long do the police have to issue a speeding ticket? If you’re caught breaking the speed limit by a fixed speed camera, you’ll be issued with a Notice of Intended Prosecution (NIP) and a Section 172 notice within 14 days. If you’re stopped by the police, they could issue a verbal warning or give you a Fixed Penalty Notice there and then. How many points is 20mph over the speed limit? That depends on the speed limit and the circumstances. For example, if you’re caught going 40mph in a 20mph limit, the case is likely to be passed to a magistrate’s court where you could face a heavy fine and driving ban. However, if you’re caught at 90mph in a 70mph zone, you may get three points on your licence. Avoid getting any points at all by respecting the speed limit of the road you’re on. How much is a ticket for going 20 mph over? That depends on the speed limit and the circumstances. For example, if you’re caught going 40mph in a 20mph limit, the case is likely to be passed to a magistrate’s court where you could face a heavy fine and driving ban. However, if you’re caught at 90mph in a 70mph zone, you may get a fine of £100 along with penalty points. Avoid getting any points at all by respecting the speed limit of the road you’re on. How fast can you drive over the speed limit? Technically, you can be issued with a fine for going just 1mph over the limit, although this is unlikely, particularly with fixed speed cameras. In April 2019, research found most police forces in the UK operate speed cameras with a tolerance level of 10% plus 2mph, which, for example, would see motorists ticketed for driving over 35mph in a 30mph zone. How much will my insurance go up after a speeding ticket? When it comes to getting cover, the cost of your premium is based on your perceived level of risk, and if you’ve been caught breaking the speed limit that will increase your perceived level of risk. All this means you’re likely to face higher premium costs if you’ve been caught over the limit. Exactly how much more expensive will depend on your driving history and the severity of the offence, but it’s definitely something to consider. Do you have to declare speed awareness to insurance? If your insurance company asks whether you’ve attended a speed awareness course, you should inform them truthfully as failing to do so could end up invalidating your policy, voiding your cover. However, whether your attendance on a speed awareness course is taken into consideration when it comes to calculating your premium will vary depending on your insurance provider. What happens if I don’t attend my speed awareness course? A course no-show will be referred back to the relevant police force, who will then decide how to proceed. You may be offered another date or you could face a Fixed Penalty Notice or other penalty. If you’re sick or cannot make your speed awareness course for any reason, you should inform the course provider as soon as possible, who will often ask for a doctor’s note as proof of any illness. Can you lose your licence for speeding? Put simply, yes. While most drivers caught speeding face three points and a £100 fine, for more severe cases you could face a large fine and even lose your licence. You could also lose your licence if you’re caught speeding several times in a short period of time, so stay on the right side of the law and respect all speed limits. How long do speeding points stay on your licence? Penalty points, or ‘endorsements’, stay on your driving record for either four or 11 years, depending on the offence. For a four-year endorsement, the points are ‘valid’ for three years. How do you check if you have been caught speeding? There’s no way to check if you’ve been caught speeding, you will have to wait and see if you receive notice from the local police force in the post, which you should receive within 14 days. How do you report speeding on your street? If you witness a motorist driving dangerously in your local area, you can call the police’s non-emergency number 101 and tell them about the incident. You may be asked about the incident and asked for any evidence you may have collected. What is the minimum fine for speeding? The minimum penalty for a motorist caught speeding is a £100 fine. How to complain about speeding cars UK? If you witness a motorist driving dangerously by speeding in your local area, you can call the police’s non-emergency number 101 and tell them about the incident. You may be asked about the incident and asked for any evidence you may have collected.

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What Is The Basic Speed Law In Utah What Is The Basic Speed Law In Utah What Is The Basic Speed Law In Utah What Is The Basic Speed Law In Utah *Added after 12 months. On new, personal based Standard and Unlimited cover. Ends 12/10/22, 7am *New, single vehicle and single personal Standard and Complete Cover. £5.25 for Standard. Ends 28/12/22, 7am.

Is there a 10 rule on speeding?

The 10% rule On paper, as soon as you go over the speed limit, you’re committing a driving offence. In reality, however, there can be some leeway. That’s because the National Police Chiefs’ Council (NPCC) urges police officers to use their discretion when dealing with drivers who break the speed limit.

Can you get a ticket for driving too slow in Utah?

Can I Get a Ticket for Going Too Slow? – Craig Swapp & Associates Most drivers have gotten a ticket for exceeding the speed limit, but did you know you can also get one for going too slow? It does depend on where you live. In the three states with Craig Swapp & Associates offices, the following are the laws about driving too slowly: Utah: Drivers may not drive a vehicle at a speed so slow as to impede or block the normal movement of traffic.

  1. Another law passed in 2008 requires slow drivers to move out of the far left lane.
  2. Idaho: It is against the law to travel “at such a slow speed as to impede the normal and reasonable movement of traffic”.
  3. It is also required for slow-moving vehicles to move out of the far left lane.
  4. Washington: It is against the law to travel so slow that it impedes the normal flow of traffic.

Drivers may only drive in the far left lane on multi-lane roads if they are going faster than the flow of traffic. While there in the majority of states there isn’t a hard MPH number to determine when a driver is going too slow, police and highway patrol can and will give tickets to drivers who are impeding the flow of traffic or are clogging traffic by going slowly in the far left lane.

What is highest speed limit in the world?

The speed limit was born in 1861 when the United Kingdom introduced a 10 mile per hour maximum known as the Locomotive Act. The UK is today one of the only places in the world to show speed limits in miles per hour, along with the USA while most other countries use kilometres per hour. Today there is only one country in the world which has no speed limits at all – the Isle of Man – though famously there are areas of the German autobahns (motorways) which have only advisory speed limits known as ‘richgeschwindigkeit’. Ironically fatalities on the autobahns have been less than some countries with lower speed limits like Japan where the limit is 100kph.

Speed limits vary in the various American states and between 1995 and 1999 Montana had a ‘reasonable and prudent’ speed limit which was non numerical. In the Northern Territory of Australia a speed limit of 110 or 130kph was introduced in 2007 after years of having no limits. Poland has the world’s highest speed limit which is 140kph on motorways, though the Austrians dabbled with having a 160kph variable limit on motorways in 2006.

Variable speed limits are used on the M25 motorway in Britain with great success and they cut down on accidents and delays. Germany also has an advanced computer controlled variable speed limit system. The United States generally has quite low speed limits at about 50mph on many freeways. Netherlands Speed limit cut to 100km/h (62mph) in 2020 by the Dutch courts in order to reduce pollution. The new speed limit is enforce between 06:00 to 19:00. Bewteen 19:00 and 06:00 the speed limit is 120km/h You may be interested in;

Speeding fine in a rental car? What to do New UK Speeding fines – what you need to know

Does I 70 go through Utah?

Construction – Some noncontiguous portions of I-70 were temporarily signed as SR-4. With the plans for I-70 extended, a transcontinental route would again be attempted across the San Rafael Swell. The area west of Green River was so remote that survey crews followed wild horses with jeeps to survey parts of the route.

  • According to a story told at the highway’s dedication by an engineer who surveyed the highway, his group was approached by a sheep rancher and asked what they were doing.
  • The rancher fell over laughing when he was told they were building a freeway.
  • The survey crew did not use the route of the railroad past the San Rafael Reef,

However, they did use the route of the railroad across the Wasatch Plateau. The construction crews destroyed two of four tunnels when the bed was widened for the freeway. The two remaining tunnels are visible just south of the freeway and are used by a frontage road,

Some noncontiguous portions of I-70 over the Pavant Range and Wasatch Plateau were temporarily signed as SR-4. The portion over the San Rafael Swell opened to traffic in 1970, finally making the Utah portion of I-70 a drivable route. I-70 was dedicated on December 5, 1970, at the Ghost Rocks view area inside the swell, even though it would take another 20 years to fully complete the freeway.

At the ceremony, the mayors of cities recently made neighbors, including Grand Junction, Colorado, introduced themselves. Then-Governor Cal Rampton noted that I-70 was the longest road the US had built over a completely new route since the Alaska Highway, during World War II, Initially only two lanes, now the eastbound lanes, through the swell were constructed. The official highway map for Utah noted the new freeway but qualified its existence with the words “two lanes open”. The Utah portion of I-70 was not completed to Interstate Highway standards until 1990, when the second Eagle Canyon bridge was dedicated.

  • A second dedication ceremony was held at the bridge declaring the Utah portion of I-70 complete.
  • Archie Hamilton, one of three engineers who worked for UDOT long enough to see I-70 progress from conception to completion, said the most memorable moment was seeing the excavation at Spotted Wolf Canyon.

He said before construction began, he could stand in one spot and touch both sides of the canyon. To carve the first eight miles (13 km) through the canyon required excavating 3,500,000 cubic yards (2,700,000 m 3 ) of rock. In 1990, it was estimated construction cost for the San Rafael Swell portion was $388 million (equivalent to $693 million in 2020 ); $105.5 million in 1970 (equivalent to $554 million in 2020 ) to build the first two lanes and $78 million in 1990 (equivalent to $139 million in 2020 ) to construct the rest.

Is there a 90 mph speed limit in Utah?

Speed limits in Utah – Utah has one of the highest posted speed limits in the United States, at 80 mph.80 mph: rural interstates 75 mph: other limited access roads 65-70 mph: urban interstates 55 mph: other highways and roads unless otherwise posted 25 mph: urban and residential districts 20 mph: reduced speed school zones

Why is the speed limit 80 in Utah?

Utah boosts rural interstate speed limit up to 80 mph For travelers on I-84 heading east toward Oregon, Idaho can feel like the speediest state around, with its 75 mph speed limit on the freeway. But as soon as motorists hit the Oregon line, they drop back down to a 65 mph limit.

Now, Utah is taking it up a notch: That state passed a new law this year raising speed limits on rural stretches of interstate to 80 mph, after a Utah Department of Transportation study showed fewer crashes at the higher speed. Signs are going up this week with the new limits. Among the new, speedier stretches: Interstate 15 from north of Brigham City to the Idaho border in northern Utah; Interstate 80 from the Nevada border to Utah Route 36 in eastern Utah; and I-15 between Santaquin and North Leeds in central-southern Utah.

Click below for a full report from the AP in Salt Lake City. Signs going up for more 80 mph zones in Utah SALT LAKE CITY (AP) — Get ready to rev your engine if you’re driving on rural Utah interstates: Signs are going up this week increasing the speed limit on many stretches to 80 mph.

  • The Legislature approved the new, faster zones during the last session.
  • State Department of Transportation workers are putting up the new signs this week, said spokesman John Gleason.
  • The change was spurred by a Department of Transportation study based on three years of data from experimental stretches of Utah highways with 80 mph speed limits.
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The evaluation concluded that fewer crashes occurred because drivers were traveling at similar speeds, decreasing the danger when lead-footers come up on slower drivers. The new, permanent fast zones include Interstate 80 from the Nevada border to Utah Route 36 in eastern Utah, and Interstate 15 from north of Brigham City to the Idaho border in northern Utah.

Speeds will also be increased on I-15 between Santaquin and North Leeds in central-southern Utah. The 75 mph zones remain on that stretch through two mountain passes and Cedar City. “As soon as the signs are posted, they are official,” Gleason said. None of the 80 mph zones are within the heavily populated Wasatch Front, a string of cities from Brigham City on the north to Santaquin on the south that is home to nearly two-thirds of Utah’s 2.8 million residents.

Texas also has roads with speed limits surpassing 75 mph, including a toll road with a speed limit of 85 mph. Before passing the legislation, the sponsor, Rep. James Dunnigan, R-Taylorsville, made sure Utah wouldn’t lose federal funding after staking its 80 mph signs.

Is there a 90 mph speed limit in Utah?

Speed limits in Utah – Utah has one of the highest posted speed limits in the United States, at 80 mph.80 mph: rural interstates 75 mph: other limited access roads 65-70 mph: urban interstates 55 mph: other highways and roads unless otherwise posted 25 mph: urban and residential districts 20 mph: reduced speed school zones

Whats the fastest speed limit in Utah?

Speed limits

State or territory Freeway (rural) Minimum speed (freeways)
Utah 75–80 mph (121–129 km/h) 45 mph (72 km/h) Not Posted
Vermont 65 mph (105 km/h)
Virginia 65–70 mph (105–113 km/h)
Wake Island no freeways or divided roads in Wake Island

How many mph can you go over the speed limit?

What is the “10%+2” rule and what does it mean? Posted on 30th August Most motorists, when discussing speeding, will have no doubt heard tales of the “10% plus 2” rule. But what is this rule, and what effect (if any) does it actually have in practice? What is the ‘rule’? The ‘rule’ itself is quite straightforward: if the speed limit is (for example) 30mph, the rule states that you won’t get a speeding ticket unless you are going 10% plus 2 mph faster than the limit.

In this example, this would mean that you would have to be travelling at 35mph or faster in order to receive a speeding ticket. However, most people will have heard tales of friends and colleagues who have been given tickets for exceeding the speed limit by much smaller margins – in some cases by only a couple of miles per hour.

What happened to the rule in these cases? The truth is that the “10% plus 2” rule isn’t actually a rule at all: it is merely a guideline. The ‘rule’ originates from speed enforcement guidance issued by the Association of Chief Police Officers which sets out the strategy that police forces should use when enforcing speed limits.

Limit Device Tolerance Fixed penalty when education is not appropriate Speed awareness if appropriate From To Summons in all other cases and above
20 mph 22 mph 24 mph 24 mph 31 mph 35 mph
30 mph 32 mph 35 mph 35 mph 42 mph 50 mph
40 mph 42 mph 46 mph 46 mph 53 mph 66 mph
50 mph 52 mph 57 mph 57 mph 64 mph 76 mph
60 mph 62 mph 68 mph 68 mph 75 mph 86 mph
70 mph 73 mph 79 mph 79 mph 86 mph 96 mph

The guidance recommends prosecuting drivers only where their speed exceeds the thresholds set out in the table. It also sets out whether you are more likely to receive a fixed penalty, a speed awareness course, or a court summons. A closer analysis of the table will reveal that the “plus 2 mph” relates to device tolerance, to take account of the fact that the speed guns used by the police are not always 100% accurate.

However, paragraph 9.7 of the guidance reveals that, at speeds below 66mph, the tolerance level is +/- 2mph, whereas for speeds above 66mph the tolerance level is +/- 3%. This distinction is evident on the 70mph row on the table, where the fixed penalty threshold is 79mph, rather than 78mph as would be the case if the 3% device tolerance figure was not used.

What effect does the guidance have in practice? The guidelines themselves state very clearly that they “do not and cannot replace a police officer’s discretion”, and express reference is made to circumstances in which an officer decides to depart from the guidelines set out in the table above.

  • Therefore, you should not rely on the table as a set of ‘replacement speed limits’, as you may still be prosecuted.
  • The main speeding offence is contained within s89 Road Traffic Regulation Act 1984, which clearly states: “A person who drives a motor vehicle on a road at a speed exceeding a limit imposed by or under any enactment to which this section applies shall be guilty of an offence.” In court, this is the standard to which drivers will be held, and you will notice that there is no reference here to any threshold other than the signposted speed limit.

According to the statute, if you are even 1mph over the speed limit, you can legally be convicted for speeding if a police officer considers it appropriate in his discretion. No reference is made to the guidance in the statute whatsoever: it has zero legal status.

  1. What is important, however, is the column of device tolerance figures in the table above.
  2. All the police need to do to convict you for speeding is prove beyond reasonable doubt that you have exceeded the speed limit.
  3. However, given that the speed guns used by the police have a tolerance of +/- 2mph (or +/- 3% for speeds over 66mph), it is doubtful that they would be able to convince a court that a recorded speed of 31mph (for example) is a truly accurate reading: the driver in this example could actually have been driving at 29mph, which is clearly within the speed limit.

However, drivers should be aware that the Scottish police have decided not to follow the guidance at all, and will prosecute drivers for exceeding the limit by even 1mph, regardless of any device tolerance. There is also talk of a review of the guidance, which was first issued in 2011, to take account of developments in speed enforcement technology.

It is questionable whether the device tolerance figures outlined above apply to the average speed cameras widely used across the motorway network to enforce speed limits in road works, which calculate a driver’s speed based on the time it takes for their vehicle to travel between two points set a measured distance apart.

The manufacturers of SPECS average speed cameras suggest that their equipment only has a margin of error of 0.1% due to the fact that they measure speed over a longer distance than conventional fixed speed cameras. This clearly makes it easier for the police to prove that a driver was speeding in the even the most marginal of cases.

  1. This may explain why Bedfordshire police made the decision in 2015 to apply a zero tolerance approach to speeding on the motorway.
  2. Conclusion Whilst it is obviously advisable to stick to the speed limit, if you are caught speeding it is not the end of the world.
  3. With the expertise of a Road Law Barrister on your side, you have the help you need to get the best possible outcome in court.

Back in March, we represented Mr C in Leeds Magistrates court. He had been caught travelling at 56mph in a 30mph zone, and faced the prospect of at least 56 days disqualification, according to the sentencing guidelines. However, having heard persuasive submissions from his Road Law Barrister, and having received evidence in support of these submissions, the Magistrates decided that 6 penalty points would be an appropriate sentence in this case.

Mr C therefore left court with his license and livelihood intact. If you are caught speeding, or are arrested for any other driving offence, then please do not hesitate to contact us today for your free consultation. ———— The contents of this article should not be relied upon in isolation. Each case is fact specific and this article should not be treated as legal advice or as a substitute for legal advice.

See https://www.cambs.police.uk/roadsafety/docs/201305-uoba-joining-forces-safer-roads.pdf http://www.driving.co.uk/news/just-1mph-too-fast-and-youre-nicked-new-zero-tolerance-approach-to-speeding/ http://www.driving.co.uk/news/just-1mph-too-fast-and-youre-nicked-new-zero-tolerance-approach-to-speeding/ http://www.independent.co.uk/life-style/motoring/motoring-news/speeding-fines-bedfordshire-force-to-adopt-zero-tolerance-approach-towards-motorists-travelling-a6721846.html : What is the “10%+2” rule and what does it mean?

Can you go 5 miles over the speed limit in Utah?

Penalties for a Speeding Ticket – A speeding violation is a traffic infraction in Utah. The consequences of a speeding ticket depend on the circumstances. The fines for a speeding violation are:

$120 for 1 to 10 miles per hour over the limit $150 for 11 to 15 miles per hour over the limit $200 for 16 to 20 miles per hour over the limit $270 for 21 to 25 miles per hour over the limit $370 for 26 to 30 miles per hour over the limit, and $470 minimum for 31 or more miles per hour over the limit.

A speeding violation will add between 35 and 75 points to the driver’s record. And depending on the circumstances—including the degree of dangerousness and whether anyone was injured or killed—a speeding violation could also lead to reckless driving or vehicular homicide charges.