I Was Caught by a Speed Camera - What Happens Now?

If you were driving above the speed limit and saw a speed camera flash, you may be wondering what to expect next. How will you know if you have been caught speeding and whether to expect a speeding ticket? Will you be offered the option of a speed awareness course? There can be lots of variables and the fines, even for minor speeding offences, can be an unexpected expense that can cause difficulties for the person affected.

At JMW, our team is able to help those who have been caught speeding to understand their options and find out what the next steps of the process will be. Here, we take a look at what happens after you’ve been caught speeding by a speed camera, and explain the stages through which the process unfolds, so you can determine your legal options and respond with confidence.

The 14-Day Window

When you have been caught driving above the speed limit, the police have a 14-day window within which to send a Notice of Intended Prosecution (NIP) to the registered keeper of the vehicle. This 14-day timeframe is a legal requirement designed to ensure that the alleged offence is fresh in the mind of the registered keeper/driver and enable a more accurate recall of events.

The 14-day period starts from the day following the alleged speeding offence. The NIP must not only be posted within 14 days, but must reach the registered keeper within this period. These 14 days include weekends and bank holidays. If you do not receive an NIP during this window, there is a chance that you were not judged to be speeding or that the police decided not to prosecute you for the offence.

If an NIP arrives even one day after the fourteen day period and you can prove this, you may have grounds to contest the notice. This depends on whether the police posted the notice of intended prosecution within a timeframe where it could have been expected to arrive within 14 days. If the notice was delayed for unexpected reasons, such as a Post Office strike, but was posted in plenty of time, this will not support your defence. However, if the police failed to account for a bank holiday weekend that meant your NIP could not have arrived within 14 days, this could support your defence.

Leased or Company Cars

When the registered keeper of a vehicle receives an NIP, they must identify who was driving at the time of the alleged offence. If you were driving a leased or company car, the leasing company or your employer will be listed as the registered keeper and the NIP will initially be sent to them. This could add a few extra weeks to the process before the NIP finally reaches you. However, the 14-day rule applies to the initial notice sent to the registered keeper, not to when you personally receive it. This means that, provided the registered keeper received the NIP within the 14-day window, it will remain valid.

The NIP and Section 172 Notice

The NIP is a formal document that outlines the specifics of the alleged offence. It will include details such as the location of the incident, the speed you were allegedly travelling at, and the posted speed limit for that particular area. This notice serves as the official record of the offence and initiates the legal process.

Accompanying the NIP is a Section 172 notice, which asks you to confirm who was driving the vehicle at the time of the alleged offence. This form is a legal requirement and failing to provide information or identify the driver can result in the same penalties as some of the more serious speeding offences, including up to six penalty points on your licence and a fine. This is much harsher than the three points that are usually issued for a minor speeding offence. Providing false information is also a serious offence that can lead to prosecution for perverting the course of justice and a potential disqualification from driving. Whether it was you behind the wheel or another individual, you must declare it accurately and honestly.

These documents will specify any conditions and timeframes you must adhere to. Failure to meet the timeframe can result in further legal complications, including the additional charges or penalties for failing to provide information. Therefore, it's essential to read the NIP and Section 172 Notice carefully and comply with any stipulated requirements.

It is your responsibility to determine who was driving, even if multiple people have access to the vehicle - such as in cases where the vehicle is shared by a family or is part of a company fleet. If you do not identify who was driving at the time to the relevant authority, this can result in an additional charge.

The Fixed Penalty Notice (FPN)

When the Section 172 Notice has been returned, the driver who has been identified will usually receive a Fixed Penalty Notice. An FPN is generally issued for minor to moderate speeding offences and serves as an alternative to being prosecuted in court. The FPN will usually offer two options. The first is to plead guilty to the offence, pay a £100 fine and accept three penalty points on your driving licence. The other option is to reject the charge and proceed to court.

For serious speeding offences, you may instead receive a court summons directly, which means you will need to defend your actions in a court hearing. You can also choose to plead not guilty to a Fixed Penalty Notice for a minor offence and take the matter to court. In such cases, seeking legal advice is strongly recommended.

If the incident was your first offence, you may instead be offered the option to attend a speed awareness course, which is an alternative to the fine and points or going to court.

Speed Awareness Course

A Speed Awareness Course is a training session designed to educate drivers about the dangers of speeding and encourage safer driving, rather than punishing them with penalty points. It is sometimes offered by the police instead of penalty points and a fine, and is often considered the minimum penalty for speeding because accepting the course means you avoid accruing penalty points on your licence.

You might be offered a speed awareness course if the offence was a lower-level speeding offence where you were only slightly over the limit rather than driving at an excessive speed. It is only available if you have not attended a course in the last three years and if the police consider it appropriate. The offer of a speed awareness course is not automatic, but instead is made at the discretion of the police.

Accepting the course means you pay the course fee and attend the session, but you avoid penalty points on your licence. While the course fee can be anywhere from £80 to £100, it reduces the risk of increased insurance premiums that comes with a speeding conviction.

Paying a Speeding Fine

The financial penalty for a speeding offence begins at a minimum £100 fine and three points on your licence. If a case proceeds to court, you can often get a much more significant penalty, as fines may be graded according to both your recorded speed during the alleged offence, the extent to which you exceeded the legal limit and your weekly salary.

These speeding fines work on a band system that categorises offences and sets minimum and maximum rates based on your weekly income. The three bands for speeding penalties are:

• Band A: for minor excesses, like driving up to 40mph in a 30mph zone, you will be fined 50% of your weekly salary and receive three penalty points.
• Band B: for moderate excesses, such as driving up to 50mph in a 30mph zone, the fine jumps to 150% of your weekly salary. You will also receive between four and six penalty points or face disqualification for up to 28 days.
• Band C: for major excesses, like driving over and above 50mph in a 30mph zone, the fine remains at 150% of your weekly salary, but you'll receive six penalty points or face disqualification for up to 56 days.

These fines can also be adjusted by up to 25% based on circumstances. For instance, speeding near a school could increase your fine, while doing so on a deserted road might result in some leniency if you are found guilty. However, there is a maximum fine of £1,000 for speeding on normal roads and £2,500 if you are caught speeding on the motorway.

Penalty Points on Your Licence

In addition to the financial penalty, you will receive at least three penalty points on your driving licence. Depending on the severity of a speeding offence, you could receive between three and six penalty points, or more penalty points if your speeding charge is accompanied by another offence, such as dangerous driving.

These points remain valid for three years from the date of the offence. While you can apply for the endorsement to be removed after four years, the presence of these points can affect various aspects of your life, from job opportunities requiring a clean driving record to your ability to rent a car.

If you receive 12 points in any four-year period, (or only six points if you passed your driving test within the last two years) you will receive an automatic driving ban. New drivers will have their licences revoked in these cases, and must reapply for a provisional licence and pass another driving test before they can legally drive again.

Going to Court

Instead of accepting a fixed penalty notice, paying the fine and receiving points, you also have the option to reject it. For serious offences, you may be immediately summoned to the Magistrates’ Court without the offer of an FPN.

You will attend a first hearing where you can either plead guilty or not guilty. If you have been summoned to court and wish to accept the penalty, you may decide to plead guilty. The court can consider any mitigating circumstances in your defence before deciding on a sentence.

If you plead not guilty, the case is set for trial on a later date. If you are found not guilty at trial, the case is dismissed and no penalty is applied. However, if you are unsuccessful in court, you may receive a bigger fine, more penalty points or a driving ban.

Seeking Legal Advice

If you are summoned to a court hearing or wish to plead not guilty, you should seek professional legal assistance. The expert motoring solicitors at JMW can help you understand your options and the best course of action with tailored legal advice based on the specifics of your case. We are experienced in defending clients who are at risk of losing their driving licences due to the accumulation of penalty points, and in presenting mitigating factors that can minimise your sentence.