The Department for Transport issued a discussion note inviting comments on this in September 2004. The principle of a graduated scale was supported by the majority of respondents, and the Road Safety Act 2006 provides an enabling power to graduate the fixed penalty points awarded for speeding offences.
The Department’s objective is to help drivers to travel at safe and legal speeds at all times. The proposals for graduated speeding penalties are designed to recognise there are considerable differences in the degree of excessive speeding by motorists and for the punishment to better fit the crime. A graduated structure would allow more careful consideration of drivers who through lapses of concentration breach the speed limit by a relatively small amount and where even two penalty points are expected to act as a sufficient deterrent to prevent re-offending. It would also allow for a higher penalty of six penalty points to act as a strong deterrent against more extreme speeders who exceed the speed limit by large amounts.
The proposed final graduated penalty structure will be subject to statutory public consultation before it is considered by both Houses under the affirmative resolution procedure.