Lawyers have clarified that speeding during an emergency remains illegal, despite a common belief among drivers that it is acceptable. A poll earlier this year found that 68 per cent of people believe it is acceptable to break the law during emergencies, including parking on double yellows, speeding, and driving in a bus lane.
What the Law Says
Barrister Daniel J. ShenSmith addressed this notion in 2023, explaining that some people believe it is acceptable to speed if they are "in a hurry for some reason", or in circumstances such as hospital trips or being late for "some kind of appointment". However, he clarified in a video on his BlackBeltBarrister YouTube channel at the time that the Road Traffic Regulation Act 1984 makes it an offence to exceed the speed limit "in any circumstances".
Section 89 of the Act sets out the main summary offence. It states 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" shall be guilty of an offence.
Penalties and the Highway Code
Minor speeding offences under the Act can be resolved with a fixed penalty (a minimum of £100), a minimum of three points on your licence, and/or, in some cases, a speed awareness course. In serious cases, the police may issue a summons to court, though corroborating evidence of speeding is required. As the Act states: "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."
Rule 124 of the Highway Code uses similarly direct 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.
Emergency Vehicle Exemption
Emergency vehicles are exempt from the rule, namely fire and rescue, ambulances and police, if 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. As Fosse Law Solicitors points out, "no one else is permitted" to break the UK speed limits under any circumstances, as stated in UK law and The Highway Code.
It 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 efforts to get to a destination faster as drivers are likely to be stopped by the police.
Mitigation and Sentencing
Daniel added: "Whilst it might be a mitigating factor if you were taken to court for speeding and you challenged it and you ended up in court and you're arguing over the mitigation for what penalty you might receive, it may be some kind of mitigation to say somebody was in hospital and you were rushing there." He points out, however, that it is still not a defence and that it may only be "mitigation that somebody might take pity on you for", and depends entirely on the circumstances of the incident. Indeed, he added that it is "probably not going to make that much of a difference at all".
Quentin Hunt Solicitors explains that if you are found guilty at court, the magistrates can impose fines of up to £2,500, six points, and even disqualification. It 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."
