Road Traffic Regulation Act 1984 s.89 – Speeding offences generally

(1)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.

(2)A person prosecuted for such an offence shall not be liable to be convicted solely on the evidence of one witness to the effect that, in the opinion of the witness, the person prosecuted was driving the vehicle at a speed exceeding a specified limit.

(3)The enactments to which this section applies are—

(a)any enactment contained in this Act except section 17(2);

(b)^M31section 2 of the Parks Regulation (Amendment) Act 1926; and

(c)any enactment not contained in this Act, but passed after 1st September 1960, whether before or after the passing of this Act.

(4)If a person who employs other persons to drive motor vehicles on roads publishes or issues any time-table or schedule, or gives any directions, under which any journey, or any stage or part of any journey, is to be completed within some specified time, and it is not practicable in the circumstances of the case for that journey (or that stage or part of it) to be completed in the specified time without the commission of such an offence as is mentioned in subsection (1) above, the publication or issue of the time-table or schedule, or the giving of the directions, may be produced as prima facie evidence that the employer procured or (as the case may be) incited the persons employed by him to drive the vehicles to commit such an offence.

Definitions used in section 89 4

drive: “driver”, where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and “drive” and “driving” shall be construed accordingly;
Defined in s.142(1) · see it in the full Act
motor vehicle: (1) In this Act, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision with respect to invalid carriages) , “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and “trailer” means a vehicle drawn by a motor vehicle.
Defined in s.136(1) · see it in the full Act; (1) In this Act, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision with respect to invalid carriages) , “motor vehicle” means a mechanically propelled vehicle intended or adapted for use on roads, and “trailer” means a vehicle drawn by a motor vehicle.
Defined in s.136(1) · see it in the full Act
road: “road”—

(a)
in England and Wales, means any length of highway or of any other road to which the public has access, and includes bridges over which a road passes, and

(b)
in Scotland, has the same meaning as in the Roads (Scotland) Act 1984;

Defined in s.142(1) · see it in the full Act
driving: “driver”, where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and “drive” and “driving” shall be construed accordingly;
Defined in s.142(1) · see it in the full Act

Cases considering section 89 14

Clarke v Crown Prosecution Service

[2013] EWHC 366 (Admin) · 7 February 2013Interprets

Section 89(2) prevents conviction for exceeding a speed limit solely on one witness’s opinion that the defendant was driving above the limit. The judgment treats mechanical or digital speed-testing equipment as usual corroborative evidence, without requiring proof that the equipment was tested for accuracy in every case (see paras [9]; [21]).

Connell v Crown Prosecution Service

[2011] EWHC 158 (Admin) · 20 January 2011Limits

The court treated section 89(1) as the statutory basis for the speeding offence and held that section 20(4) did not apply generally to every prosecution under it. (see paras [12], [31]) The provision was relied on in the claimant’s submission concerning corroboration of opinion evidence. The court did not need to determine the point because it held the device reading admissible. (see paras [13], [37])

Director of Public Prosecutions v Butler

[2010] EWHC 669 (Admin) · 4 March 2010

Applies the offence provision to driving at a speed exceeding the applicable limit. The prosecution still had to prove that the limit was properly indicated by compliant signage. (see paras [2], [5], [16])

Fielden v Bradford Crown Court[2009] EWHC 3087 (Admin) · 3 July 2009
Humber v Director of Public Prosecutions[2008] EWHC 2932 (Admin) · 17 November 2008
Director of Public Prosecutions v Wells & Anor[2007] EWHC 3259 (Admin) · 12 December 2007
Harrison, R (on the application of) v Flintshire Magistrates' Court[2004] EWHC 2456 (Admin) · 13 October 2004
Sheffield, R (on the application of) v Director of Public Prosecutions[2003] EWHC 1288 (Admin) · 19 May 2003
Graham, R (on the application of) v Director of Public Prosecutions[2003] EWHC 120 (Admin) · 22 January 2003
McCracken v Smith & Ors[2015] EWCA Civ 380 · 22 April 2015
Brotherston & Ors v The Director of Public Prosecutions[2012] EWHC 136 (Admin) · 3 February 2012
Payne v South Lakeland Magistrates' Court[2011] EWHC 1802 (Admin) · 30 June 2011
Coombes v DPP[2006] EWHC 3263 (Admin) · 20 December 2006
Ashton v Crown Prosecution Service[2005] EWHC 2729 (Admin) · 9 November 2005

What each judgment says about section 89 is in the case-law panel in the full Act.

Amendments and notes

4 notes from legislation.gov.uk

Modifications

C257S. 89 applied (with modifications)(6.3.1992) by Aberdeen Harbour Order Confirmation Act 1992 (c. ii), s. 1, Sch. s. 3(2).
C258S. 89(1) excluded by 1988 c. 52, s. 12E (as inserted (10.3.2017) by Deregulation Act 2015 (c. 20), ss. 73(3), 115(7); S.I. 2017/273, art. 2(a))
C259S. 89(1) excluded (S.) (17.4.2019) by The Motor Sport on Public Roads (Scotland) Regulations 2019 (S.S.I. 2019/138), regs. 1, 6, sch. 2

Marginal citations

M311926 c. 36 (46:2).