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Our head office is located at 1 Victoria Square in Birmingham City Centre and we offer our services throughout England and Wales on a private fee-paying basis. We also have an office at 330 High Holborn in London and another office in central Milton Keynes. We are frequently instructed by individuals and businesses nationwide.

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Birmingham Office

1 Victoria Square
Birmingham
West Midlands
B1 1BD

330 High Holborn Kang and Co Solicitors London

London Office

330 High Holborn
Holborn
London
WC2A 1HL

the pinnacle office

Milton Keynes Office

The Pinnacle
Midsummer Boulevard
Milton Keynes
MK9 1BP

Business Hours

Monday – Friday
09:00 – 17:00
Weekends/Bank Holidays
Closed

Meetings at our offices are by Appointment Only

Staying Aware on the Road: The Tools of Motorway Speed Enforcement

by | May 16, 2024 | Articles, Driving Offence Advice

On 28 January 1896, Walter Arnold, drove his “horse-less carriage” through the village of Paddock Wood, Kent, at more than four times the legal speed limit, a staggering speed of 8 mph! He was charged with four motoring offences: using a locomotive without a horse on a public road, allowing said locomotive to be operated by fewer than three persons, travelling at a greater rate than two miles per hour, and failing to clearly display his name and address on the locomotive. He was brought before a local Magistrates on 30 January and found guilty on all four counts and became the first person charged with a speeding offence, this opened the doorway to what has become a very common occurrence for many motorists.

In the fast-paced world of British motorways, speed enforcement is paramount to ensuring road safety and reducing the risk of accidents. With millions of vehicles traversing the expansive network of motorways each day, law enforcement agencies employ a variety of mechanisms to catch speedsters in the act. From traditional speed cameras to cutting-edge technology, let’s delve into the diverse array of tools utilized to keep motorists in check on British motorways.

1. Traditional Fixed Speed Cameras

Let’s start with the classics – fixed speed cameras have been a familiar sight on British motorways for decades. These stationary devices are strategically placed at various locations along the motorway, typically in areas prone to speeding or accidents. When a vehicle exceeds the predetermined speed limit, the camera captures an image of the offending vehicle, including its registration plate, time, and date. This evidence is then used to issue fines and penalty points to the driver of the vehicle at the time of the alleged offence.

2. Average Speed Cameras

Average speed cameras represent a more sophisticated approach to speed enforcement on motorways and are becoming a very common sight on UK motorways. Unlike their static counterparts, average speed cameras measure a vehicle’s average speed over a specified distance. These cameras are typically installed in pairs or multiple sets at intervals along a stretch of motorway, creating a zone where motorists are monitored for compliance with the speed limit. By calculating the time taken to travel between two points, average speed cameras can accurately determine if a vehicle has exceeded the speed limit, regardless of fluctuations in speed.

Average Speed Cameras UK

Above: An average speed camera on a UK motorway

3. Mobile Speed Cameras

Mobile speed cameras add an element of unpredictability to speed enforcement on motorways. Operated by trained personnel, these devices can be deployed in various locations, including bridges, overpasses, and lay-bys. Unlike fixed cameras, which are stationary, mobile speed cameras can be moved from one location to another, making them a versatile tool for targeting speeding hotspots and areas with high accident rates. Additionally, mobile speed cameras are often used during targeted enforcement campaigns and special events to deter speeding and promote road safety.

4. Variable Speed Limits and Smart Motorways

In recent years, the implementation of variable speed limits and smart motorway technology has revolutionised speed enforcement on British motorways. Variable speed limits are displayed on overhead gantries and can be adjusted in real-time based on traffic conditions, weather conditions, and incidents. These dynamic speed limits help to manage traffic flow, reduce congestion, and enhance safety by adapting to changing circumstances on the motorway. Smart motorways also feature a network of CCTV cameras and vehicle detection systems that enable automated enforcement of speed limits and lane control, further enhancing the effectiveness of speed enforcement efforts.

In April 2023, the Conservative Government of the UK announced that all future smart motorway projects in the UK would be scrapped. However existing smart motorways will benefit from safety improvements.

5. HADECS (Highways Agency Digital Enforcement Camera System)

HADECS represents the latest evolution in speed enforcement technology on British motorways. These sophisticated digital enforcement cameras are capable of monitoring multiple lanes of traffic simultaneously and capturing high-resolution images and video evidence of speeding offences. HADECS cameras are typically installed on overhead gantries and are integrated with variable speed limit systems, allowing for seamless enforcement of speed limits in real-time. With their advanced capabilities and high level of accuracy, HADECS cameras play a crucial role in deterring speeding and improving road safety on motorways.

6. ANPR (Automatic Number Plate Recognition) Technology

In addition to traditional speed enforcement methods, ANPR technology is increasingly being used to detect and deter speeding on British motorways. ANPR systems utilise cameras equipped with optical character recognition software to automatically read and record vehicle registration plates. By cross-referencing this data with vehicle databases, law enforcement agencies can identify vehicles that are exceeding the speed limit or involved in other criminal activities such as uninsured vehicles. ANPR technology is often integrated with other speed enforcement measures, such as fixed and mobile speed cameras, to enhance their effectiveness and accuracy.

7. Speed Changes for Roadworks on the Motorway

Roadworks are a common sight on British motorways, with maintenance and improvement projects frequently underway to ensure the safety and efficiency of these vital transportation arteries. Speed changes associated with roadworks play a crucial role in protecting both motorists and workers, but understanding the rules and procedures surrounding these adjustments is essential for drivers navigating the motorway.

Speed Limit Variations During Roadworks

During roadworks on the motorway, temporary speed limits are often implemented to manage traffic flow and ensure the safety of all road users. These speed limits may be lower than the standard maximum speed for the motorway, reflecting the reduced lane widths, narrowed lanes, and potential hazards associated with construction activities. It’s important for drivers to adhere to these temporary speed limits to avoid fines and penalties for speeding in roadwork zones.

Variable Speed Limits for Road

Variable speed limits, displayed on overhead gantries, are commonly used in conjunction with roadworks on the motorway. These dynamic speed limits can be adjusted in real-time based on factors such as traffic volume, weather conditions, and the progress of construction activities. Variable speed limits help to maintain a safe and steady flow of traffic through roadwork zones, reducing the risk of accidents and congestion. Drivers should pay close attention to overhead signs indicating current speed limits and adjust their speed accordingly.

Enforcement of Roadwork Speed Limits

Speed enforcement in roadwork zones is typically strict, with law enforcement agencies and highway authorities closely monitoring compliance with temporary speed limits. Fixed and mobile speed cameras may be deployed in roadwork areas to detect and deter speeding, ensuring the safety of both motorists and construction workers. Additionally, penalties for speeding in roadwork zones may be enhanced to reflect the heightened risks and potential consequences of disregarding temporary speed limits.

Temporary Speed Limits on a Motorway gantry near Luton

Above: Temporary speed limits appearing on a motorway gantry on the M1.

Caught Speeding on the Motorway and Facing a Driving Ban

For motorists who find themselves caught speeding on the motorway and facing the prospect of totting up points on their license, understanding the legal defences and procedures is crucial. Totting up occurs when a driver accumulates 12 or more penalty points within a three-year period, leading to an automatic driving ban. However, there are legal defences and procedures that motorists can explore to mitigate the consequences of totting up.

Legal Defences

Exceptional Hardship: If a driving ban would cause exceptional hardship to the individual or others, they may be able to plead exceptional hardship as a defence against totting up. This could include factors such as loss of employment, financial hardship, or medical reasons. However, it’s important to note that the burden of proof lies with the individual, and they must provide compelling evidence to support their case.

Technical Defences: In some cases, motorists may be able to challenge the validity of the speeding offence itself based on technicalities or procedural errors. This could include issues with the calibration of speed measurement devices, incorrect signage, or improper handling of evidence. Seeking legal advice from a qualified solicitor can help motorists identify potential technical defences and navigate the legal process effectively.

Procedure

Notice of Intended Prosecution (NIP): When caught speeding on the motorway, motorists will typically receive a Notice of Intended Prosecution (NIP) within 14 days of the offence. This notice informs the individual of the alleged offence and provides them with an opportunity to respond, either by accepting the penalty points and fine or contesting the offence.

Court Hearing: If a motorist chooses to contest the offence, they will be required to attend a court hearing. During the hearing, both the prosecution and the defence will present their arguments and evidence, and the court will make a decision based on the merits of the case. It’s essential for motorists to be prepared and present their case effectively, with the assistance of legal representation if necessary.

Sentencing: If found guilty of speeding and totting up points, motorists will face sentencing, which may include a driving ban, fines, and court costs. The length of the driving ban will depend on the number of penalty points accumulated and any mitigating factors presented by the defence. Motorists may also be required to retake their driving test and undergo further assessments before regaining their driving privileges.

Speed Limit (MPH)
20
30
40
50
60
70
SENTENCING RANGE
POINTS / DISQUALIFICATION
Recorded Speed (MPH)
41 and above
51 and above
66 and above
76 and above
91 and above
101 and above
BAND C FINE
Disqualify 7 – 56 days OR 6 points
Recorded Speed (MPH)
31 – 40
41 – 50
56 – 65
66 – 75
81 – 90
91 – 100
BAND B FINE
Disqualify 7 – 28 days OR 4 – 6 points
Recorded Speed (MPH)
21 – 30
31 – 40
41 – 55
51 – 65
61 – 80
71 – 90
BAND A FINE
3 points

Being caught speeding on the motorway and facing totting up points ban on your license can be a daunting experience, but understanding the legal defences and procedures can help motorists navigate this challenging situation. Whether pleading exceptional hardship or exploring technical defences, seeking legal advice and representation is essential to effectively contest the offence and minimising the consequences of totting up. By understanding your rights and responsibilities, you can make informed decisions and advocate for the best possible outcome in your case.

In Conclusion

Speed enforcement on British motorways is a multifaceted endeavour, employing a diverse range of mechanisms and technologies to catch speedsters in the act. From traditional fixed speed cameras to cutting-edge HADECS systems and ANPR technology, law enforcement agencies are continually innovating to improve road safety and reduce the incidence of speeding-related accidents. As motorists, it’s essential to recognize the importance of adhering to posted speed limits and respecting the rules of the road. By doing so, we can all play our part in making British motorways safer for everyone.

Do you require legal advice &/or representation?

If you are facing a driving offence prosecution and require expert legal representation at Court, call our lawyers on 0330 818 9843 or complete our Contact Form.

Motorway speed cameras, legal defence, speeding, UK motorways, roads, motoring defence, law firm, ANPR, HADECS, Variable Speed Limits, Motorway roadworks, speeding offence, totting up, driving ban

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