Actually it is the exact opposite of what you are stating.
The car can not be travelling faster than the speedo says it is doing.
So actual speed 95 kph, speedo says 100 kph is OK and legal.
Actual speed 100 kph, speedo says 95 kph is not legal.
Actually, after re-reading what you said I think I get your point. I am talking about whether the car is in fact exceeding the speed limit, you are talking about what the speedo says, which can have up to 10% error, but is not taken into account.

