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I find it strange that in England (and as far as I know everywhere else) there's no margin between driving speeds that are officially considered entirely reasonable (e.g. anything up to 70MPH) and speeds that are criminally against the law (e.g anything over 70MPH).

It would make much more sense to me if we had something like a highway code officially recommending drivers always keep below 65MPH, and the law criminalising anyone driving over 75MPH. Driving above the higher limit would be a crime. Driving above the lower limit would not be a crime or punishable itself but might contribute to increased liability in case of an accident.

Do any countries or jurisdictions have a double speed limit system like this?

I see from another answer on this site that Texas doesn't have absolute speed limits and driving at any speed is apparently legal if it is "reasonable and prudent" despite being above a posted limit, but that's a slightly different system.

bdsl
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16 Answers16

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Speed limits in Switzerland are generally strictly enforced and the penalties are severe. This has reduced the number of traffic injuries or deaths in the last decade significantly. Depending on the measurement method, there's a small measurement margin used in favor of the driver, but that is like 3-5km/h.

The highway speed limit is 120 km/h (74 MPH). The consequences are (after deducing the maesurement margin https://rechtswissen.ch/tools/bussenrechner/):

  • From 121 km/h: CHF 20 Fine, but no other consequences
  • From 125 km/h: CHF 60
  • From 131 km/h: CHF 120
  • From 136 km/h: CHF 180
  • From 141 km/h: CHF 260
  • From 146 km/h: Offense report (typically results in a fine of around CHF 300 plus court fees)
  • From 151 km/h: Offense report like above, but more expensive, plus revoking of the license for at least one month
  • From 155 km/h: Now the license is revoked for at least three months
  • More than 200 km/h: This is officially a serious crime and is punished with up to 4 years in jail. The driving license is permanently revoked and can only be re-gained by a full new qualification.

Note that the limits change with the location of the offense, so for instance, inside a town, where the speed limit is usually 50 km/h, you already get an offense report at 66 km/h and a private room with barred view at 100 km/h.

Sophie Swett
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PMF
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The National Police Chiefs’ Council (NPCC) guidelines on speed enforcement recommend a margin of 10% + 2mph before prosecution. This not the law - any excess speed can lead to a speeding ticket with a fine and penalty points or prosecution at the reasonable discretion of a police officer - but it is usual practice most of the time in most places apart from Scotland.

So when this advice is followed, exceeding a 20mph limit will lead to prosecution at 24mph or above, and exceeding a 70mph limit will lead to prosecution at 79mph or above.

Except that even these speeds do not always lead to a speeding ticket or prosecution. Under certain conditions (typically a first offence in three years and not exceeding the limit by 10% + 9mph), drivers may be offered the alternative of a "speed awareness course" which costs some time and money but avoids the conviction and fine (similar order of magnitude as the cost of the course) and penalty points and higher insurance premiums.

So there is a margin, though not of the sort you suggest which would effectively raise the limit in a confusing way. The law remains the same but in practice there are few actual penalties for slightly exceeding the limit, even though this margin is not guaranteed.

Henry
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Yes, there are. For example, Russia has a tiered speed limits system:

  • 0-20 km/h speeding - not prosecuted in any way
  • 20-40 km/h speeding - a fine
  • 40-60 km/h speeding - a larger fine, or even larger fine for repeat offense
  • 60-80 km/h speeding - even larger fine or loss of license for up to 6 months, loss of license for 1 year for repeat offense; repeat offense coupled with driving without license (if license was lost due to speeding) is a felony
  • over 80 km/h speeding - even larger fine or loss of license for 6 months, loss of license for 1 year for repeat offense; repeat offense coupled with driving without license (if license was lost due to speeding) is a felony

So, for example, official speed limit within cities is 60 km/h yet one can go 70 km/h without any repercussions (indeed, many do when roads and weather permit to do that safely).

Andrey Turkin
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Speeding on its own does not make out a criminal offence

There is no criminal offence for simply exceeding a posted speed limit. To rise to the level of a criminal offence, the act would have to meet the specific elements of one of several possible dangerous-driving related criminal offences. While speed is certainly a relevant fact, each of those offences have independent elements not satisfied by merely exceeding a posted speed limit. See Saskatchewan (Attorney General) v. Meili, 1969 CanLII 594 (SK KB), at para 4:

an accused could be found guilty of dangerous driving if he drove in a manner that was dangerous even though it was less than the speed limit of the highway, and he might be driving in excess of the speed limit of the highway and still not be guilty of dangerous driving

Traffic offences are non-criminal regulatory offences

The consequence of exceeding a posted speed limit is a non-criminal regulatory offence under provincial highway acts.

See (from the Ontario Court of Justice) Mississauga (City) v. Vezina, 2019 ONCJ 252 (CanLII):

A speeding offence is not a criminal offence. A speeding offence is a strict liability regulatory offence.

One example regulatory offence is Ontario's "stunt driving" offence described in Aubreal's answer. See also the Ontario judgments R. v. Abdi, 2019 ONCJ 371 ("the officer began to follow the vehicle to stop the motorist for the alleged regulatory offence of stunt driving"); R. v. Murray, 2011 ONCJ 493 ("the subject offence is properly classified as a mens rea regulatory offence").

Speeding on its own does not establish civil fault in negligence

And whether one's conduct attracts civil liability in negligence is informed by whether one is adhering to the speed limit, but one can be negligent below the speed limit or meet the standard of care despite being above the speed limit. See Knight v. Li, 2011 BCSC 184, para. 89:

driving in excess of the speed limit is not necessarily a breach of the standard of care. The question is what speed is safe in the circumstances.

Jen
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There is a detailed tiered system of punishment, however, to get into a criminal offense ("Straftat"), speeding without recklessly endangering someone is insufficient. Depending on the excess speed, vehicle, whether you did it within city limits, you'll incur fines via the "act against public order" ("Ordnungswidrigkeit") and possibly a suspended driving license as well as "points" (think strikes against your license), which can accumulate to result in the permanent loss of the driving license.

Given that some sections of the German highway system ("Autobahn") have no speed limit, a few comments seem in order: If nothing else is stated, there is no speed limit, but a recommended maximum speed of 130 km/h. However, you could still endanger someone and thus commit a crime by leaving insufficient distance to the car in front of you, which is easy at high speed. As noted in the comments, if you recklessly speed for the purpose of achievign a high number on your speedometer, you can be subject to prison or fine. Separately, your car insurance will consider you partially at fault if you get into an accident at a speed above the recommended maximum, unless you can prove that the speed was not a factor, which is hard.

TAR86
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In Ontario, Canada, excessive speed on its own is not a criminal offense. However, surpassing the speed limit by certain thresholds can lead to jail times.

From the Ontario website: (emphasis mine)

Stunt driving includes:

  • driving 40 kilometres per hour or more over the speed limit on roads with a speed limit less than 80 kilometres per hour
  • driving 50 kilometres per hour or more over the speed limit
  • driving in a way that prevents other vehicles from passing
  • intentionally cutting off another vehicle
  • intentionally driving too close to another vehicle, pedestrian or fixed object

Drivers caught driving 150 kilometres per hour or more are subject to stunt driving charges. This applies anywhere in the province, including sections of freeways with limits of 110 kilometres per hour.

stunt driving charges: (emphasis mine)

  • an immediate 30-day driver’s licence suspension
  • an immediate 14-day vehicle impoundment at roadside (whether it is your vehicle or not)
  • a minimum fine of $2,000 and a maximum fine of $10,000
  • a jail term of up to six months
  • a post-conviction licence suspension of:
  • a minimum of one year and a maximum of three years for the first conviction
  • a minimum of three years and a maximum of 10 years for a second conviction
  • a lifetime suspension, reducible after 10 years under certain criteria, for a third conviction
  • a lifetime suspension, non-reducible, for a fourth and subsequent convictions
  • six demerit points
  • a mandatory driver improvement course, upon conviction
Aubreal
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Arizona defines criminal speeding (https://www.azleg.gov/viewdocument/?docName=https://www.azleg.gov/ars/28/00701-02.htm) as:

  1. Exceeding thirty-five miles per hour approaching a school crossing

  2. Exceed the posted speed limit in a business or residential district by more than twenty miles per hour, or if no speed limit is posted, exceed forty-five miles per hour.

  3. Exceed the posted speed limit by more than twenty miles per hour in other locations.

It's defined as a class 3 misdemeanor which can result in:

  • Up to 30 days in jail
  • Fines of $500 plus court costs and surcharges
  • Up to 1 year probation

EDIT to respond to a comment:

My understanding of speeding in Arizona is broken down into three categories:

  • Exceeding the speed limit can result in a $15 fine for wasting resources and it carries no negative marks on the driver's driving record.

  • Civil speeding is driving at a speed that is not reasonable or prudent under the circumstances. Prima Facie evidence of being unreasonable is traveling more than 10 mph over the posted limit. To charge someone who is over the speed limit but over by 10 mph or less then the charging officer will have to prove that the driver, through other evidence, was traveling in an unsafe or unreasonable manner. Civil speeding results in a fine and negative marks on the driving record. With enough negative marks a driver will lose their privilege to drive.

  • Criminal speeding is as I described above in my original answer. That includes the penalties listed and more significant negative marks on the driver's record.

The negative marks for the driver's record are called points.

Barmar
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Dave D
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In the state of Virginia driving faster than the posted speed limit is a traffic infraction resulting in a fine and points on your license.

But driving 20mph over the limit or driving over 80mph is "Reckless Driving by Speed", a criminal offense, than can result in jail time.

Justsalt
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Decades ago, in 1974-5 the National Maximum Speed Law mandated that all speed limits above 55 mph (88 km/hr) be reduced to 55 mph to reduce fuel consumption in the wake of the oil embargo. This was especially unpopular in rural Western states where distances are large. Nevada's response was to make any ticket for 70 mph (113 km/hr) or less in a 55 mph zone be one for "wasting fuel". It cost something like $5 and did not count as a violation against your license. Tickets above 70 mph cost more and counted a point against your license.

Jen
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I'm a bit surprised that UK's laws treat any speeding as a criminal offence. The other answers already show that that's far from the norm, but let me throw in my 2c. from Spain.

I'm basing my answer on a web article, not official documents, since I don't have the energy to parse those at the moment. However what is said in that article conicides fully with what I was already aware of, and I've cross-checked other non-official sources, so I'm fairly certain that it is accurate.

TL;DR speeding itself is only classified as criminal if it's 60km/h above limit in urban areas, and 80km/h above limit in inter-urban roads (incl. highways). The crime itself then is not speeding per se, but rather that degree of speeding statutorily constitutes "conducción temeraria" (reckless driving), which is the actual crime and which includes things such as drunk-driving, performing stunts on open roads, street racing etc.

Below that it's an administrative infraction in all cases, with punishments (fines and loss of license points if applicable) detailed in the article linked.

Posted limit between 20 y 50 km/h:

Up to 20 km/h over: fine 100 €.

From 21 to 30 km/h over: fine 300 €. 2 points.

From 31 to 40 km/h over: fine 400 €. 4 points.

From 41 to 50 km/h over: fine 500 €. 6 points.

From 51 km/h to 59km/h over: fine 600 €. 6 points. # <- classified as "muy grave", "very serious". Still not a crime.

Posted limit between 60 y 120 km/h:

Up to 30 km/h over: fine 100 €.

From 31 to 50 km/h over: fine 300 €. 2 points.

From 51 to 60 km/h over: fine 400 €. 4 points.

From 61 to 70 km/h over: fine 500 €. 6 points.

From 71 km/h to 79km/h over: fine 600 €. 6 puntos. # <- classified as "muy grave", "very serious". Still not a crime.

Nubarke
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In Denmark we have the concept of 'Insane driving', to translate it directly, which is encoded in law: for speeding, this means either driving in excess of 200 kph or at twice the speed limit. This is punished severely: the vehicle is confiscated and may be sold, the driver is banned, and may face up to 18 months in prison.

j4nd3r53n
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california united states

Violations of the following are considered infractions (civil penalties, that is, fines + points on your license):

  • Basic Speed Law of 'reasonable and prudent' (CVC 22350)
  • Absolute Speed Limits (70mph max; 65 on freeways, etc)
  • 'Prima Facie' speed limits (posted limit, 25 in school zones, 15 at rail crossings)
  • Exceeding 100mph (CVC 22348b).

Note: posted limits can be challenged if the limit was set below the 'reasonable and prudent' speed, but not validated by a traffic survey.

The following are considered criminal offenses (misdemeanor or felony):

  • Reckless driving (CVC 23103). Kind of a catch-all, up to interpretation of the citing officer and/or prosecutor.
  • Speed contest, Exhibition of Speed (CVC 23109)
hacktastical
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To add more information about Virginia, there are varying levels of penalty based on your speed and location.

§ 46.2-878.3

Except as otherwise provided in this section, the Traffic Infractions and Uniform Fine Schedule adopted by the Supreme Court for prepayment of fines shall, in all instances where prepayment of a fine is permitted, include a fine of $6 per mile-per-hour in excess of posted speed limits provided for in this article. However, such Traffic Infractions and Uniform Fine Schedule shall include a fine of $7 per mile-per-hour in excess of posted speed limits for a violation of §§ 46.2-873 and 46.2-878.1 and $8 per mile-per-hour in excess of posted speed limits for a violation of § 46.2-878.2. Any person who drives a motor vehicle at a speed in excess of 80 miles per hour but below 86 miles per hour on any highway in the Commonwealth having a maximum speed limit of 65 miles per hour shall be subject to an additional fine of $100.

Basically, you receive a fine of $6/mph over the limit in the zone you are in, plus an extra $1/mph if it's a school or construction zone.

If the limit is 65mph, and you are between 80-86mph, you receive an additional $100.

However, penalties increase more if you are engaging in "reckless driving", defined as:

§ 46.2-862

A person is guilty of reckless driving who drives a motor vehicle on the highways in the Commonwealth (i) at a speed of 20 miles per hour or more in excess of the applicable maximum speed limit or (ii) in excess of 85 miles per hour regardless of the applicable maximum speed limit.

The penalty for which is

§ 46.2-868

A. Every person convicted of reckless driving under the provisions of this article is guilty of a Class 1 misdemeanor.

B. Every person convicted of reckless driving under the provisions of this article who, when he committed the offense, (i) was driving without a valid operator's license due to a suspension or revocation for a moving violation and, (ii) as the sole and proximate result of his reckless driving, caused the death of another, is guilty of a Class 6 felony.

C. The punishment for every person convicted of reckless driving under the provisions of this article who, when he committed the offense, was in violation of § 46.2-818.2 shall include a mandatory minimum fine of $250.

A class 1 misdemeanor is much worse than just a speeding ticket, because it can lead to time in jail.

§ 18.2-11

(a) For Class 1 misdemeanors, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.

A class 6 felony is harsher still

§ 18.2-10

(f) For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than 12 months and a fine of not more than $2,500, either or both.

Now comes the point system, or merits and demerits.

One safe driving point is assigned for each full calendar year that you hold a valid Virginia driver's license and drive without any violations or suspensions. A driver may accumulate a maximum of five safe driving points.

Merits and demerits cancel out, and demerits expire over time. The severity of the violation determines the number of demerits you earn, as well as the length of time those demerits remain on your record.

speed above limit (mph) number of demerits lifetime of demerit (years)
1-9 3 5
10-19 4 5
20+ 6 11

The penalties for accumulating points are as follows:

If you are convicted of a demerit-point violation (or safety belt and child restraint violation) committed when you were age 18 or 19, you will be required to complete a driver improvement clinic.

If you are 18 or older and you accumulate 8 demerit points in 12 months (or 12 points in 24 months), you will receive an advisory letter that cautions you about the consequences of violating the law.

If you accumulate 12 demerit points in 12 months (or 18 points in 24 months), you will be required to complete a driver improvement clinic. You must enroll in and satisfactorily complete the clinic within 90 days.

If you accumulate 18 demerit points in 12 months (or 24 points in 24 months), your driving privilege will be suspended for 90 days. Additionally, you must complete a driver improvement clinic before your privilege will be restored. Once your privilege is restored, you will be placed on a six-month probation period.

If you are a severe repeat offender, the consequences will quickly grow. If you are caught exceeding 20mph three times in 12 months, your license will be suspended for 90 days, and you should not drive. However, if you decide to violate the suspension and get caught exceeding 20mph a fourth time, you face the class 6 felony mentioned above. However, if you commit four violations in the 1-9mph category in the same period of time, you will only be required to attend a driver improvement clinic. Of course, the fines in both cases will be drastically different as well.

On top of this, your automobile insurance provider likely has their own point system, which can result in long lasting increases to the amount you pay them.

Furthermore, this is America, so a felony and a misdemeanor would be entered into your police record. When prospective employers are considering your application, they may decide to check your record. Depending on the employer, this can have a variety of negative impacts, including your application immediately being dismissed without them informing you of their decision.

David Robie
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IANAL, posting as a visitor who drove there a few years back. We were warned that in majority of places the highway speed limit is 80 km/h (some 50 mph for Americans), with just a few stretches of certain roads officially qualified for 90/100/110 km/h. Cities are limited at 30-50 km/h.

According to sites like https://speedingeurope.com/norway/ (makes for a good reading with lots of info concentrated in one spot), https://norway.nordicvisitor.com/travel-guide/information/driving-in-norway/ or https://en.wikipedia.org/wiki/Speed_limits_in_Norway there may be a 3% lee-way but we were recommended to not rely on it (since the car's speedometer or GPS speed estimation may also "lie" to you at the wrong moment). In fact it is recommended to keep some 5 km/h under the limit "just in case".

Allegedly there are unmarked police vehicles as well as watchful civilians always ready to report you going too fast.

It was stressed that if we wanted to go cross-country (e.g. Oslo - Nordkapp) we should be ready for psychologically tedious driving of 3 or more days at 80 km/h on a perfect highway, on which other countries would allow 130 or unlimited (as in Germany). And we should really stick to those 80 km/h and enjoy the view. Beside hefty fines, loss of license, or jail time for speeds normal and legal elsewhere, there may be sheep, moose, rocks, cracks, icy/wet slips and any other random obstacles at short notice. Note that some signs have a different or stricter meaning than elsewhere (e.g. right-of-way warnings, overtaking prohibition).

Significant fines start from the first km/h of over-speed up to +25 km/h, large fines above that (typically 10% of yearly income), with at least 18/30 days of jail for all (including foreigners) from some +45 km/h.

On a practical side note, if there's a parking lot with a meter machine, and it does not work, this is your problem. You are in charge of finding a contact (maybe translating a sticker on the machine) and calling them and arranging some way of payment or confirmed exception. Otherwise you're liable for non-payment fine as well.

FD_bfa
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Driving above the higher limit would be a crime.

Speeding in Russia may constitute a criminal offence, however it's not triggered by a simple one-off speeding act.

Relevant article in the Criminal Code is "УК РФ 264.2", which (upon expanding all references to other articles, and leaving only clauses related to speeding) states that all of following conditions must be met for a person to be prosecuted for criminal speeding:

  • the driver already had a ticket for speeding at least 60 km/h over the posted limit, issued by either an automatic camera or a police officer;
  • the driver had a ticket for speeding at least 60 km/h over the posted limit, issued by a police officer;
  • the driver had their license suspended or revoked as the result of the above violations;
  • the driver is caught by police (cameras don't qualify), speeding at least 60 km/h over the posted limit again.

Now that third speeding is criminal, with punishment ranging from large fine (about 3000 USD equivalent) and up to two years in prison. The fourth speeding might buy them up to three years in prison.

Igor G
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Texas and Oklahoma have similar legal systems due to their history, and there, most ordinary traffic violations are criminal misdemeanors. As such you are entitled a jury trial, though juries are rarely sympathetic to such minor cases.

In Texas, simple speeding (Transportation Code Sec. 545.351(a)) is a Class C misdemeanor punishable by up to $500 and no jail time. If you get into a speed-related accident, you can be charged with failure to control speed (TRC 545.351(b)(2)), which is also a Class C misdemeanor. Most courts have fixed fines that will vary depending on the county.

If you go way too fast, you can be charged with reckless driving. (TRC 545.401). That is punishable by a fine of up to $200 and jail of up to 30 days. There is no fixed distinction between the two, the decision is made by the prosecutor, but over 100 MPH is likely.

Oklahoma is basically the same. Speeding fines are set by statute (Oklahoma Statutes 47-11-801). First offense reckless driving, which also does not have a defined speed threshold, is punishable by jail from 5-90 days, fine from $100-500, or both.

user71659
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