By Hojol Uddin and Jade Halliday-Mitchell
Speeding tickets are relatively common in the UK, but this does not mean it is straightforward or simple to deal with when you receive one. The process can be overwhelming and the consequences of getting it wrong are often severe. For example, failing to provide driver details can result in six penalty points on your driving license even if you were not driving the vehicle when the speeding offence was committed.
It can also be hard to know what to expect – will you be given a Fixed Penalty Notice or asked to attend a court hearing? When might you be offered a speed awareness course? Do you need a solicitor? Here, JMW’s expert driving offence solicitors explain speed camera technologies, what happens when you get a ticket, and how fines are calculated, to help you respond to a speeding ticket or Notice of Intended Prosecution (‘NIP’) and protect your rights.
What are the types of speed cameras?
UK roads have a few different types of speed cameras, each of which relies on a unique technology and is used in a specific scenario. It is sometimes possible to challenge a speeding ticket on the basis of speed camera evidence being faulty, but it is generally accepted that these devices are very accurate in their measurements.
The most common speed cameras and the locations in which they are used include:
- Gatso cameras: these use radar technology to measure speed and take rear-facing photographs of the license plate of any vehicle that exceeds the speed limit. Commonly installed in busy, high-risk areas, such as junctions, these cameras are visually identifiable inside yellow boxes or mounted on yellow poles, and flash when they capture an image.
- Truvelo cameras: these rely on sensors that are embedded in the road surface, and take photographs of the front of the vehicle and driver. They are similarly installed near junctions or schools, or in other busy areas. While they flash when they capture an image, they use filters to reduce any glare for the driver.
- Highways Agency Digital Enforcement Camera System (HADECS) cameras: the HADECS system is responsive to variable speed limits on motorways. These cameras use infrared technology to read number plate information even in low-visibility conditions, without the need for a flash.
- Average speed cameras: these cameras are powered by automatic number plate recognition, and are installed in areas where a temporary lower speed limit is in place, such as during long stretches of roadworks. By tracking your license plate at set intervals, the system can calculate your average speed.
- Mobile speed cameras: these may be fitted to police vehicles or operated as handheld devices. Thanks to the technology they use, they are effective at a much longer range than other camera types.
The 10% + 2 Myth
It is commonly discussed that you are afforded a 10% + 2 mph discretionary ‘buffer’ in your speed and that, if you are travelling 10% + 2 mph above the speed limit, the camera will not capture you and you will not receive a speeding ticket. This is a myth.
If your vehicle passes any of these cameras while exceeding the speed limit, the camera will capture one or multiple photographs as visual evidence.
Your local police force may then decide whether or not to issue a speeding ticket. This may mean that they will apply the National Police Chiefs’ Council recommendation of only charging you if you are 10% + 2 mph over the limit. However, this is at the force’s discretion -even 1 mph over the limit is enough to warrant a speeding ticket in some cases.
What happens when you get a speeding ticket?
If your local police decide to take action after you are caught speeding, they must issue an Notice of Intended Prosecution (‘NIP’) and send it to the vehicle’s registered keeper within 14 days. They must have the expectation that you will receive the NIP within 14 days – otherwise, it may be possible to challenge a ticket on these grounds.
Along with the NIP, you will receive a request to identify who was driving at the time of the offence (a S172 Notice). If you cannot determine who was driving – for example, because your vehicle was stolen – you should speak to a solicitor. Otherwise, if you were not driving the vehicle, you must make every effort to identify the person who was driving at the time, or risk being charged with an offence yourself.
The responsible driver will then be issued with either a Fixed Penalty Notice (‘FPN’) or Single Justice Procedure Notice (‘SJPN’). You may also admit that you were driving the vehicle but deny the offence, in which case you will also need to attend court to present your case.
If the offence is your first, or it has been more than three years since your last offence, you may be offered the option to attend a speed awareness course. If you take this option, your conviction will be upheld but you will not receive penalty points or need to pay a fine (although there are fees associated with the course).
What are the penalties for a speeding offence?
An FPN comes with a £100 fine and three penalty points on your license. If you receive 12 points on your licence during a four-year period, this will result in a driving disqualification under the ‘totting up’ provisions – so, while the penalties for a single speeding offence may not seem too significant, they can mount up quickly.
If your case goes to court, the penalty may be more severe, including much higher fines and prosecution costs. Offences are sorted into bands, which affect how much you could be fined:
- Band A – up to 10mph over the speed limit: up to 75% of your weekly income and three penalty points
- Band B – 11-20mph above the speed limit: up to 125% of your weekly income, and a 7–28-day disqualification or four to six penalty points
- Band C – 21mph or more over the speed limit: up to 175% of your weekly income, and a 7–56-day disqualification or six points.
Fines are capped at £1,000, or £2,500 for speeding on a motorway. You may also receive a driving ban for a set period, or have your license taken away for a particularly serious offence.
If you are a new driver (obtained your license within two years of committing the offence) you should be mindful that your license will be revoked if you receive six or more penalty points within those initial two years.
Can you contest a speeding ticket?
You can take your case to court if you believe you are innocent of any offence, or if you believe there were mitigating circumstances that mean you should receive a lighter penalty. However, the risks are significant, as the court can impose stricter penalties in these circumstances. It is important to speak to a solicitor about your circumstances for help in determining whether or not you may be able to successfully contest the charge.
The safest option is to pay particular attention to the speed limit and drive carefully at all times. However, if you are issued a NIP or FPN, it is important to understand the process so that you can avoid the risk of further penalties and uphold your rights throughout.
Our experienced motoring offence solicitors can help you understand your position, prepare your case, and make representations to the prosecution if there are grounds to have the ticket withdrawn.
Get in touch to find out more about how we can help. Call JMW on 0345 872 6666 or use our online enquiry form to request a call back at your convenience.
