Caught doing 46 mph in a 40 mph limit?
That's 6 mph over the limit. Here's the likely outcome under the Sentencing Council guidelines for England & Wales — and what it means for your licence.
At 46 mph you are within the 46 mph guideline that most forces use before prosecuting. Enforcement is at the officer's discretion.
What 46 in a 40 actually means
Most forces apply an advisory enforcement tolerance of 10% + 2 mph — about 46 mph in a 40 zone — before they prosecute. This is NPCC guidance, not law: a force can act on any speed over the limit.
A National Speed Awareness Course in a 40 limit is usually offered between 46 and 53 mph, and only if you haven't taken one in the last three years. Above that window the standard route is a £100 fixed penalty with 3 points, and higher speeds are referred to court under sentencing Bands A, B and C.
At 46 mph this case would usually fall within tolerance, so action is at the officer's discretion.
What to do if you've been caught
- Wait for the paperwork. If a camera or officer recorded you, expect a Notice of Intended Prosecution (NIP) within 14 days, then a Section 172 request to confirm the driver.
- Respond to the Section 172 in time. Failing to name the driver is itself an offence carrying 6 points and a fine — often worse than the speeding.
- Check the options offered. You may be offered a course, a fixed penalty, or a court summons. Take a course if eligible — it keeps points off your licence.
- Get advice for court cases. If the speed is high enough for court (Band B or C), a motoring solicitor can advise on mitigation and disqualification risk.
Want to check a different speed, add penalty points you already have, or estimate the £ fine from your income?
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