Can You Fight a School Zone Speeding Ticket?

Receiving a speeding ticket is always a frustrating experience, especially if you are a safe driver who was caught unawares by a temporary speed limit change. This is now a common occurrence in school zones, where a lower speed limit may temporarily apply during the hours when children are leaving or arriving in the school zone. Signs posted along the perimeter sometimes use a flashing light system to indicate when school zone enforcement is in place and the lower speed limit applies, but it is not always as clear as it should be when you are safe to drive at the normal limit.

While no one would argue that speed limits around schools do not protect children and other pedestrians, they have also led to a rise in speeding tickets for drivers who believed they were driving according to the law. There may also be problems with school zone speed cameras and the lights that indicate a temporary limit which can lead to tickets being issued incorrectly.

If you have been issued a speeding ticket in a school zone under these circumstances, you might wish to challenge it. This is worthwhile if you have legitimate grounds to have the ticket dismissed, as the punishments that would otherwise apply include a fine and penalty points on your driving record. However, challenging a speeding ticket in court is risky, and failure can lead to greater penalties than you initially received.
Working with an experienced motoring solicitor is the best way to understand whether you have the grounds to have a ticket dismissed and your likelihood of success in fighting a school zone speeding ticket. Here, the legal professionals at JMW outline the process of challenging a school zone ticket and the circumstances under which you may be successful in doing so.

How Are School Zone Speed Limits Enforced?

Most school zones exist in areas and on roads where a 30mph speed limit generally applies, but some local authorities now impose a reduced speed limit of 20mph around schools. This may be a permanent reduction in the school zone itself, or a temporary reduction that only applies during arrival and departure times.

These limits are typically signposted with fixed signs if there is a permanent 20mph limit but may use electronic or flashing signs that operate during school hours if variable speed limits apply at these set times. It is your responsibility to be aware of the relevant restrictions, but enforcement measures must be clear and legally compliant.

If you are caught speeding by a school zone camera, your local police force will send a Notice of Intended Prosecution (‘NIP’) and a Section 172 notice to the registered keeper of the vehicle within 14 days of the alleged offence. If the NIP arrives outside this window, this may be grounds to challenge the ticket.

The registered keeper must return the Section 172 notice within 28 days and identify who was driving the vehicle at the time of the offence. Failure to respond can result in prosecution and this often comes with a higher penalty than for the speeding ticket itself.

After you identify yourself (or identify the named driver of the vehicle), you will usually be issued a fixed penalty notice (‘FPN’). Ordinarily, this is a £100 fine and three penalty points. For a first offence (or first offence within 3 years), you may alternatively be given the offer of a speed awareness course, which can be taken instead of a fine and penalty points. For more severe offences such as excessive speeding or repeat offences, the police may issue a court summons rather than an FPN.

At this stage, you can accept the fixed penalty and the points on your driving record by paying the fine. Alternatively, you can request a court hearing to contest the charge, if you have not already been given a court date earlier in the process.

Common Reasons to Challenge a School Zone Speeding Ticket

You have a right to dispute any allegation of speeding, but taking the matter to court can lead to higher fines and more penalty points on your licence if your challenge is unsuccessful. Whether or not you will succeed in overturning a ticket for speeding in a school zone depends on your reason for the challenge, and it is important to carefully consider whether you have legal grounds before moving ahead.

Some of the most common grounds to contest a school zone speeding ticket include:

Inadequate or unclear signage

Speed limits must be accompanied by proper signage and if signs are damaged, obscured or missing altogether, this could form part of a defence. For example, if signs were hidden by foliage, had been vandalised, were unlit when required or were missing altogether, you may be able to argue you were not properly notified of the limit. This includes warning lights that indicate a temporary reduction to the posted speed limit.

Faulty speed detection equipment

Devices such as mobile speed cameras, radar guns or average speed cameras must be correctly calibrated and maintained. If you can show evidence that a school zone speed camera was faulty or not operated properly, this may cast doubt on the reading and lead to a ticket being dismissed.

Procedural errors

The police must follow strict procedures during the process of issuing a ticket. An NIP must arrive within 14 days of the offence or have been posted by the police with the reasonable expectation that it would arrive on time. The calibration certificate of the device should be made available if challenged and other evidence related to the alleged violation should be disclosed upon request. If the police fail to comply with these procedures, this can invalidate the ticket.

Mistaken identity

If your vehicle's registration plates were cloned, or there is reason to believe you were not the driver at the time, you can present evidence to fight a school zone ticket on these grounds.

Emergency circumstances

While rare, you may be able to argue ‘special reasons’ if you were driving due to a genuine emergency. This does not automatically remove liability but can act as a mitigating factor that could reduce your sentence. As with any of these potential defences, it is vital to work with an experienced motoring defence solicitor during the process to give yourself the best chance of success.

How to Dispute a School Zone Speeding Ticket

If you want to challenge a ticket, you must make your decision when you receive an FPN or court summons. It is important to weigh your options carefully. If you accept liability, you may be offered a speed awareness course or a fixed penalty (usually three penalty points and a £100 fine), which is the minimum penalty for exceeding school zone speed limits. Contesting the allegation means declining the fixed penalty and requiring the case to be heard in a Magistrates’ Court, which comes with much more significant potential penalties if you are unsuccessful.

Your reason for challenging the speeding ticket can determine your likelihood of success and will be the basis upon decidingwhether or not you should take this step. If you wish to dispute the ticket on the basis that school zone markers were lit up outside of school hours and you drove at the higher speed limit because you believed there was no threat to child safety, you are unlikely to be successful. However, if school zone speed limit signs were unlit when they should have been, you have a much greater chance of success.

You must also act quickly. Speak to a solicitor for advice on getting the process started as soon as you can. They can help you to request photographic and calibration evidence from the enforcement authority, which can allow you to determine whether you have grounds to challenge the allegation on this basis.

When you receive an FPN or court summons, you must enter a plea within the timeframe stated, which is usually no longer than 28 days. A ‘not guilty’ plea will result in a court hearing, so it is important to be well prepared and have evidence in place before choosing this step.

To prepare for your court date, you and your solicitor should gather evidence that supports your defence. This may include photographs of missing or obstructed signage, witness statements, expert evidence challenging the equipment’s accuracy or documentation proving an emergency situation. The evidence you need will depend on the defence you are relying on, but your solicitor can advise you on building the strongest possible case. At the hearing, your solicitor will have an opportunity to present your case before the court decides the outcome.