Motorists who believe they can legally speed during an emergency are mistaken, as UK law makes exceeding the speed limit an offence in all circumstances. A poll earlier this year found that 68 per cent of drivers think it is acceptable to break the law during emergencies, including speeding, parking on double yellow lines, and driving in a bus lane.
What the Law Says
Barrister Daniel J. ShenSmith addressed this misconception in 2023, noting that some people believe speeding is acceptable if they are "in a hurry for some reason" or in situations such as rushing to hospital or being late for "some kind of appointment."
In a video on his BlackBeltBarrister YouTube channel, he explained that the Road Traffic Regulation Act 1984 makes it an offence to exceed the speed limit "in any circumstances." Section 89 of the Act establishes the main summary offence, stating that a person who drives a vehicle on a road at a speed exceeding a limit "imposed by" or "under any enactment to which this section applies" is guilty of an offence.
Penalties and the Highway Code
Minor speeding offences under the Act can be dealt with through a fixed penalty of at least £100, a minimum of three penalty points, and/or, in some cases, a speed awareness course. In serious cases, the police may issue a summons to court, though supporting evidence of speeding is required.
Rule 124 of the Highway Code uses similarly straightforward language, stating that you "MUST NOT exceed the maximum speed limits for the road and for your vehicle." A speed limit of 30 mph (48 km/h), or 20 mph (32 km/h) in Wales, generally applies to all roads with street lights (excluding motorways) unless signs show otherwise.
Exemptions and Mitigation
Emergency vehicles are excluded from this rule, specifically fire and rescue, ambulances, and police, provided that the "observance of that provision" would likely "hinder" the use of the vehicle for the purpose for which it is being used on that occasion.
Fosse Law Solicitors highlights that "no one else is permitted" to breach UK speed limits under any circumstances, as outlined in UK law and The Highway Code. The firm explains on its website: "There is a good reason for this. Even though you may think speeding is necessary in the case of an emergency, you may worsen the situation by causing an accident. Speeding may also counteract your efforts to get to your destination faster as you are likely to be stopped by the police."
Daniel noted that while an emergency might be a mitigating factor in court, it is no defence whatsoever. He said it may only be "mitigation that somebody might take pity on you for," depending on the circumstances, and added that it is "probably not going to make that much of a difference at all."
Court Sentences
Quentin Hunt Solicitors explains that if found guilty in court, magistrates have the power to impose fines of up to £2,500, six penalty points, and even a driving ban. The firm states on its website: "You can try to mitigate the sentence in a number of ways. Commonly, drivers seek to show that they were speeding due to an emergency, or that they will face exceptional hardship if they are disqualified."
