The Penalties for an SP50 Driving Offence Explained

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The Penalties for an SP50 Driving Offence Explained

There are several different types of speeding offences in the UK, each of which is known by a different driving offence code. The most common offence codes for speeding are SP30, for exceeding statutory speed limits on public roads, and SP50, for exceeding the statutory speed limit on a motorway. While the penalties for minor offences in both of these cases is usually the same - a Fixed Penalty Notice (FPN), with three penalty points on your licence and a £100 fine - the maximum penalties can be much more severe for an SP50 offence than for an SP30 or SP40 (exceeding the passenger vehicle speed limit).

The term 'SP50' for a driving offence where a motorist is caught speeding on a motorway refers to an endorsement code, which is applied by the Driver and Vehicle Licensing Agency (DVLA) and stays on a driver’s record for a number of years. While an FPN typically results in three penalty points added to your driving record, this is only the minimum penalty. There are several factors that affect the severity of the punishment a convicted driver will face, which means how many penalty points they receive and the scale of the fine they must pay.

Here, the expert motoring offences solicitors at JMW outline the SP50 code offence penalties that drivers may receive, outline the potential impact of endorsements on your driving record and discuss your legal options to avoid or challenge a penalty.

Light Trails on UK Motorway at Night 

What Are the Penalties for SP50 Speeding Offences?

If you are caught by a speed camera exceeding the speed limit on a motorway, the registered keeper of the vehicle you were driving will typically receive a notice of intended prosecution. They must return this document with information identifying you as the driver - or, if you own the vehicle, you must identify yourself in this capacity.

In most cases, you will then receive an FPN in the post. This will offer you the option of accepting a fine and penalty points on your licence, or denying the offence and defending yourself in court. For a first offence, the police force that sent the FPN may offer you the opportunity to attend a speed awareness course rather than accepting points and a fine. This is done at their discretion and there is no guarantee that this offer will be made, especially for speeding offences committed while driving on the motorway. It will also not be available if you have attended a speed awareness course within the last three years.

How many penalty points can you get for an SP50 offence?

An SP50 offence carries between three and six penalty points. While the typical punishment is three points, this may increase if the speed at which you were driving far exceeded the posted speed limit, or if other aggravating factors are present. There are also mitigating factors that can be used in your defence - such as if you were speeding due to a serious injury or other medical grounds that constituted an emergency.

What fines and financial penalties are applied for SP50 offences?

A speeding conviction, including an SP50, typically results in a fine. The standard penalty in a Fixed Penalty Notice is a £100 fine, but this is only the minimum. If the case goes to court - whether because you decided to plead not guilty, or because you were summoned to court for a more serious offence or driving at very high speeds - you can face a much harsher punishment.

The maximum fine is up to £2,500 for an SP50 code offence. Penalties are calculated as a percentage of your weekly income, at a rate determined by the speed limit on the road where the offence took place and how fast you were driving at the time. This is higher than the maximum penalty for the SP30 driving offence code, for speeding that happens on non-motorway roads, for which the maximum fine can be up to £1,000. The court has discretion to impose higher penalty points or even a short disqualification if it decides.

Can you be banned from driving for an SP50 endorsement?

In the most serious cases, such as when drivers are caught at very high speeds, courts can impose an immediate driving ban instead of (or in addition to) penalty points. The length of disqualification depends on the severity of the offence, and may range from a few weeks to several months. If there is evidence to suggest that careless driving was a factor, and that the driver was speeding because they were not paying attention, this can lead to stricter sentences.

Are there other consequences for motorway speeding?

Beyond the legal ramifications, there are several other potential side effects that can arise when your driving record is endorsed with an SP50 penalty. Insurance companies typically view motorway speeding offences as serious. An SP50 endorsement can increase premiums for the duration the points remain on the licence, particularly in the first three years. Insurance providers may also request to access data from the previous five years, which means that expired endorsements may continue to appear and affect your insurance premiums even if they have been removed by the DVLA from your driving record. Some insurers may decline cover entirely or restrict available policies.

You may be unable to drive as part of your job if you receive an SP50 endorsement. Many employers require a clean driving record for positions that involve driving professionally, and you may find you are no longer eligible for certain roles while the endorsement remains on your record.

How Do Penalty Points Affect Your Driving Licence?

Points remain on a licence for four years from the date of conviction, and may be visible to insurance companies for longer. If a driver accumulates 12 or more points within a three-year period, they face a potential driving disqualification under the totting-up procedure. While penalty points remain on your licence for four years, they will only be taken into account for three years from the date of the offence for the purposes of a totting up disqualification.

For new drivers, the threshold is stricter. Receiving six or more points within the first two years of passing a test can lead to having your licence revoked. This means you will have to reapply for a provisional licence and pass both parts of the driving test again before you can legally drive. Because you can receive six penalty points for an SP50 offence all at once, this can be a significant risk for those who have just received a driver's licence.

What Can You Do About an SP50 Endorsement?

If you are accused of speeding and are worried about receiving points and losing your licence, or believe you are innocent of the charge, there are several steps you can take. If you are offered a speed awareness course, accepting this offer means that no penalty points are added to your licence, and it may be advisable to take this option.

You can also reject an FPN and defend yourself in court. This requires legal advice from an experienced solicitor, as there are only limited grounds on which to challenge a speeding ticket and there are risks involved in doing so. If you are unsuccessful in mounting your defence, you can receive a stricter penalty than you otherwise would have, so it is important to consider your options before deciding what to do.

The experienced speeding solicitors at JMW have a wealth of experience in defending people against allegations of speeding, and presenting mitigating factors during sentencing that can minimise the penalties you receive. To discuss your circumstances and find out how we can help, call JMW today on 0345 872 6666 or use our online enquiry form to get in touch.

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