THE ASSOCIATION OF CHIEF POLICE OFFICERS OF ENGLAND,
WALES & NORTHERN IRELAND
SPEED
ENFORCEMENT
GUIDELINES
Joining Forces for Safer Roads
New version 6/07/7/00
Introduction
Securing
a higher level of compliance with existing speed limits has the potential to
deliver the following benefits:
q
Reduced casualties, in terms
of both numbers and severity
q
Reduced demand upon the
Health Service
q
Reduced conflict between
motor vehicles and other road users
q
A calmer and more free-flowing
traffic environment
q Improved quality of life in local communities
Effective Speed Enforcement
will contribute to the following Government Policies
q
Police Service Overarching
Aims and Objectives
q
National Road Safety
Strategy and Targets to 2010
q
'Saving Lives: Our Healthier
Nation' (White Paper 1999)
q
Community Safety Strategies
(Crime & Disorder Act 1998)
q
Local Transport Plans
(Integrated Transport Policy)
q
Local Government Act (Best
Value 1998)
q
The Human Rights Act 1998
The Police Role
Strategic
guidance on the role of the police in society is provided through the
Police Overarching Aims and
Objectives
Statement of Purpose: 'To help secure a safe and just society in which the
rights and responsibilities of individuals, families and communities are
properly balanced'
Aims 'Promote safety and reduce
disorder’
'Reduce crime and the fear
of crime'
'Contribute
to delivering justice in a way which secures and maintains public confidence in
the rule of law'
Obectives (one of
eleven) ‘Contribute to improving road
safety and the reduction of casualties'
ACPO's National Road
Policing Strategy |
This
has been developed by ACPO following wide consultation, to help deliver the
'Overarching Aims and Objectives for the Police Service', and has the following
Strategic Aim:
'To secure
an environment where the individual can use the roads with confidence, free
from death and injury, damage or fear' |
Supported
by the following Key Objectives:
q
Improved road user behaviour q
Safer roads q
Safer vehicles |
Improving
driver behaviour is a key area and the following three operational priorities for 2000/2001 have been identified as
having the most potential for contributing to the improvement of road safety
and the reduction of road casualties:
q
Speed q
Drink Driving q
Seat belt wearing |
The following should be read
in conjunction with the ACPO Prosecution Policy Guidelines on the use of the
Fixed Penalty System
Speed
Enforcement |
The principles of Speed
Enforcement
The
enforcement of traffic law by the police should be guided by the principles of proportionality in applying the
law and securing compliance; targeting
of enforcement action; consistency
of approach; and transparency
about what enforcement action is undertaken, and why; and recognition that
effective partnerships with
other organisations are essential.
Proportionality
Proportionality
means relating enforcement action to the risks. Those whom the law protects and those on whom it places duties
expect that action taken by the police to achieve compliance (in this case
speed limits) should be proportionate to the risks to individuals and property
and to the seriousness of any breach.
Targeting
Targeting
means making sure that enforcement action is directed primarily at those whose
behaviour poses the greatest risk (particularly to others), often at
identifiable locations or in identifiable circumstances. Targeting needs to take full advantage of a
wide range of information sources, including academic research, to develop a
greater level of understanding of what the problems are and how to resolve
them, so that enforcement action can be focused and prioritised.
Effective
targeting will therefore ensure that road risks are objectively identified and
prioritised for appropriate action; that suitable resources are deployed; and
that pertinent monitoring and evaluation takes place so that costs and benefits
can be properly assessed and future decision making enhanced.
Consistency
Consistency
of approach does not mean uniformity.
It does mean taking a similar approach in similar circumstances to
achieve similar ends. Police officers
are faced with many variables; the decision as to what action to take is a
matter of judgement, and they must exercise their discretion. Where Police Officers believe that an
offence has been committed (in this case, that a motorist has driven at any
speed over the relevant speed limit), in exercising their discretion as to the
appropriate enforcement action, they must consider the nature and circumstances
of the offence. Depending on those
circumstances they may decide to issue a summons, issue a fixed penalty notice,
caution, warn or take no action. For
instance, it might be appropriate to issue a summons for exceeding a speed
limit at relatively low speeds over the relevant limit on roads near schools at
certain times of day or when there are adverse weather conditions, whereas a
similar offence committed in the middle of the night might merit the issue of a
fixed penalty notice.
Road
users do expect consistency from the police nationally, and this feature has
been identified as a benefit linked to the operation of speed cameras. Inconsistency in enforcement practice
undermines public confidence and contributes to resentment. It is part of ACPO's role to ensure that
consistency is achieved wherever possible.
Transparency
Transparency
means helping drivers to understand what is expected of them and why. It also means ensuring clarity about what
the public can expect from the police.
Raising the public’s understanding of the full implications of their
actions (specifically including the human and financial costs) will assist in
changing behaviour and ultimately attitudes.
The
way in which ACPO tries to achieve transparency is by publishing guidance to
chief constables to enable them, in turn, to offer operational advice and
guidance to their officers. ACPO's
guidance is placed in the public domain.
The Guidance
ACPO's
guidance has been formulated having taken account of the need for
proportionality (especially with the introduction of Human Rights legislation)
and the need for targeting in order to maximise the potential of scarce police
resources and make a substantial contribution to the multi-agency road death
and injury reduction effort.
Driving
at any speed over the limit is an offence.
The differing speed limits are generally related, and proportionate, to
the risks to all road users using that road.
Where police officers consider that an offence has been committed i.e.
that a motorist has driven at any speed over the relevant speed limit, they
should consider whether it is appropriate to take enforcement action against
the offender.
The Police Service now uses technology that enables it to prove that an
offence has been committed as soon as a driver exceeds the relevant speed limit
by a very small margin. Motorists will therefore be at risk of prosecution
immediately they exceed any legal speed limit.
The
guidance to police officers is that it is anticipated that, other than in the
most exceptional circumstances, the issue of fixed penalty notices and
summonses is likely to be the minimum appropriate enforcement action as soon as
the following speeds have been reached:
Limit |
Fixed
Penalty |
Summons |
20 mph |
25 mph |
35 mph |
30 mph |
35 mph |
50 mph |
40 mph |
46 mph |
66 mph |
50 mph |
57 mph |
76 mph |
60 mph |
68 mph |
86 mph |
70 mph |
79 mph |
96 mph |
|
Fixed penalty of 1.
£60
(pending) 2.
Licence
endorsed with 3 penalty points |
Magisterial
discretion (level 2) maximum of: 1.
£1000
fine 2.
Licence
endorsed - range of penalty points available 3.
Disqualification 4.
Compulsory
re-testing |
This
guidance does not and cannot replace the police officer's discretion and they
may decide to issue a summons or a fixed penalty notice in respect of offences
committed at speeds lower than those set out in the table. Moreover, in particular circumstances,
driving at speeds lower than the legal limit may result in prosecution for
other offences, for example dangerous driving or driving without due care and
attention when the speed is inappropriate and inherently unsafe.
Effective Partnerships
Effective speed enforcement
cannot be carried out by one agency acting alone. The Police Service actively seeks to develop close working
relationships with others (e.g. the DETR and Agencies, highway authorities, magistrates
courts, education authorities, road safety organisations etc.) in order to
promote road safety and ensure that approaches to speed compliance which do not
rely solely upon sanctions are fully exploited.
ACPO
7 July 2000