As motoring solicitors we are seeing more and more cases inolving average speed cameras.

Initially they were used on motorways when there were road works. Anyone who drives along M1 between junctions 25-28 will be familiar with them.

We have now been told that the average speed cameras will stay on the M1 after the roadworks are finished. It was also announced today that average speed cameras will be introduced into an urban area for the first time. Average speed cameras will be installed along a 7 1/2 mile stretch of the A13 east of London.

So how do average speed cameras work? Unlike traditional speed cameras it is no use braking when you see one and then speeding up, as the name suggests they work out the average speed between 2 points.

The cameras can be located between 200 yds and 10Km apart, normally they are fairly close together.

Each camera has a ‘pair’, an entry and exit camera. The camera recognises your number as you go past the entry camera and then again as you go past the exit camera. They then work out the time it took and your average speed. If you are above the speed limit then you will be prosecuted. The cameras to be installed in London are made by RedFusion – thier website states -

“Initially, lane specific cameras, utilising Automatic Number Plate Recognition (ANPR) software, capture and record details of a passing vehicles license plate. This information is then sent via a public network to a centralised computer. As the vehicle travels along the carriageway it then reaches a second set of cameras at which time its license plate details are captured and recorded for a second time. Again this information is sent to the central computer where the data from the two readings is matched and analysed. By using the data from this analysis it is possible to measure a vehicles average speed by looking at the time taken to travel a known distance. When the system calculates a speed that is above the desired threshold a violation file will be created.

Within the violation file all the high resolution images and data collected by the camera system relating to that particular offending vehicle are collated. This violation data is then transferred into specialist computer software for back office processing. From here violation notices can be created against which payments can be made.

All data that is sent to the central computer system is encrypted to ensure the nature of the data is unrecognisable to an unauthorised observer. This allows for total security and ensures complete evidential integrity.

By using multi point to multi point technology, RedFusion is capable of offering accurate speed measurements even if a vehicle changes lane or leaves the particular carriageway being monitored, reducing potential incidents caused by vehicles changing lane in order to avoid detection and in turn ensuring maximum possible offence detection.”

The good news is that there will be a series of photographs. This should help identify the driver and avoid the many cases where drivers are unable to recall who was driving and face 6 penalty points as opposed to the 3 for speeding.

I received a summons, or notice of intended prosecution but I wasn't driving.

This is a common problem and is getting worse. Basically someone with the same make, model and colour car as you copy your number plate and fix it to their car and hey presto they can go through all the speed cameras they want and guess who gets the tickets? – You!

I spent this weekend helping a great family who have suffered with this.
The father of the family received a summons for speeding, he knew that he couldn't have gone through that light at that time because he knew where he was at that time and he wasn’t anywhere near the camera.

He had evidence from about 10 witnesses confirming where he was. He co-operated with the police from the start and sent all the details he could.

You would think that this would be enough, but no. He was pursued by the police to court. This despite various letters offering witness details, proof of purchases showing he was somewhere else and even a visit from the police to check his car against the photo taken from the speed camera.

His daughter called me last week in a panic, her father was very stressed about this, he was a proud man who had never been involved with the law before. He could not understand why they wouldn’t accept his and his witnesses word that he wasn’t the driver who went through the camera.

We spent Sunday going through the case and playing a game of spot the difference, armed with the photo from the camera and his car. We spotted 4 minor differences, a sticker in the back window, a slightly different colour bumper etc. We also got all the witnesses together and got his case fully prepared ready for trial the next day.
Despite all of the evidence we provided the police at court still didn’t accept it was a different car. Fortunately the court did and it was thrown out and the fees he had paid me were ordered to be repaid to him by the court forthwith.

The relief was visible, he had had 6 months of stress, at times questioning whether it wouldn't just be easier to pay the £60 fine but he was a man of principles and refused all offers of help to pay the speeding fine insisting that he was not going to admit something he hadn’t done.

He was lucky in many ways, he is a well known character and lots of people were able to confirm where he was. He had evidence of purchases and was determined not to give in.

But how do we avoid this happening to us? It is so easy for someone to copy our number plate and you may be faced with having to remember where you were 10 days earlier. The only thing that you can do is make your car distinctive, I’m not suggesting you ‘pimp your ride’ but something like a sticker in the back of the car and a dated photo or maybe something distinctive on the number plate.

More common questions we get about speeding fines.

Q - I have received a notice of intended prosecution for speeding, I have 9 points. Should I say it was my wife driving?




A - A speeding fixed penalty will carry 3 points and in this case will lead to a disqualification under the totting up provisions unless a good motoring solicitor can convince the court not to disqualify. If you tell the police someone else was driving and they weren't that's called 'Perverting the course of Justice', that carries a maximum life imprisonment for you and your wife. There are plenty of cases where people have been convicted of pretending someone else was driving and have been sent to prison. Hmmm losing your licence or spending years in prison??? If you are that desperate to avoid a disqualification just take good advice as soon as possible from a motoring solicitor.




Q - I have been summonsed for speeding - the police say I was doing 37 in a 30. I have been back to the area and there are no 30 signs just a 40 later on. Is this a defence?

A - There is no requirement to put speed signs in 30mph limits if there is street lighting and the lamp posts are less than 200 yards apart. In fact it is prohibited to put what is called 'repeater' signs in these zones. Any area that has street lighting and no speed signs is a 30mph - the only exception is motorways.

Q - I have 9 points and have just received a summons, I know I will be disqualified if I get 12 points, it will be hard to get to work without my licence - will the court let me keep my licence?

A - Probably not if you phrase the application like that. The law states that the court must disqualify someone for 6 months if they get 12 points within 3 years, the only way you can argue this is to show it will cause exceptional hardship. Note the word Exceptional, it is assumed that there will be hardship if disqualified - that's the point of the punishment.
You will need to show it will cause exceptional hardship, a well constructed application will often succeed but it has to be well presented. If you can show that it is not realistic to get to work on public transport and that as a result you will have to give up your job then this may be enough provided you also show that it will mean financial difficulties for your family. If your partner can still provide for both of you then it will not be enough. This is an area where many people try to save costs and do it themselves. I have sat through no end of cases that I am sure the magistrates would have allowed the person to keep their licence but it is not presented well and the important points are missed meaning they lose their licence.

One of the most common questions we get asked at Motoring Lawyers Online is "I was doing x mph in a x limit" what will happen?

As specialist motoring solicitors we have access to the document that the magistrates use when deciding sentence for speeding offences. This is the Magistrates Courts Guideline that all magistrates are issued with.

The following table shows the likely outcome -



Speed Limit 20 -Speed 21-30 = 3 points
Speed 31-40 = 4-6 points OR Disqualify for 7-28 days
Speed 41-50 = Disqualify 7-56 days OR 6 points

Speed limit 30 -Speed 31- 40 = 3 points
Speed 41-50 = 4-6 points OR Disqualify for 7-28 days
Speed 51-60 = Disqualify 7-56 days OR 6 points

Speed limit 40 -Speed 41-55 = 3 points
Speed 56-65 = 4-6 points OR Disqualify for 7-28 days
Speed 66-75 = Disqualify 7-56 days OR 6 points

Speed limit 50 -Speed 51-65 = 3 points
Speed 66-75 = 4-6 points OR Disqualify for 7-28 days
Speed 76-85 = Disqualify 7-56 days OR 6 points

Speed limit 60 -Speed 61-80 = 3 points
Speed 81-90 = 4-6 points OR Disqualify for 7-28 days
Speed 91-100 = Disqualify 7-56 days OR 6 points

Speed limit 70 -Speed 71-90 = 3 points
Speed 91-100 = 4-6 points OR Disqualify for 7-28 days
Speed 101-110 = Disqualify 7-56 days OR 6 points

The second most common question we get asked is - do I need a specialist motoring solicitor? The figures given above are guidelines not rules, a good solicitor will be able to convince the magistrates to sentence at the lower end of the scale. This can make a difference between keeping or losing your licence.

If you have any questions you can call or email us for a FREE initial advice - visit our website at http://www.motoringlawyersonline.com

SPEED cameras could be taken down following a review of their impact on road safety.

A study of 264 camera sites in Staffordshire was carried out to see if the speed traps were effective.


The review looked at every camera and placed them into one of 4 categories - Justified, Not Justified, Superseded (for example other road safety measure - speed humps etc) and Under- performing (not effective in reducing collisions where people were injured or killed).

Those that were classed as not justified or superseded will now be considered for removal, those that under performed will be investigated further.

The deciding factor in whether they were justified or not seems to be one of 2 things. Firstly they looked at the number of collisions for 3 years before the camera against a 3 year period after they were introduced and also a more vague. Chief Inspector Simon Tweats said - "We also look at the speed issue – we can monitor speed through the sites to give us a picture of driver behaviour over a period of time"

the findings apparently found that nearly all were justified.

It seems to us in our 20 years experience of dealing with motorists that the biggest gripe isn't the existence of speed cameras but their effectiveness and a feeling that the forces use them more as a way of raising revenue. Many clients have pointed out that they don't have cameras near schools which would be the obvious place to reduce speed. Many people argue that this is because most people do slow down near schools so the cameras would not earn as much money.

Particularly annoying it seems is where there is the impression of 'sneaky' tactics such as placing cameras within a feet of a speed change. One local camera to us is within 10 feet (and around a corner) of a 60 mph limit which drops to 30. Legally you could be driving at 60 and then expected to slow to 30 within a foot.

No one questions the need for safer driving but is this the most effective way? Should there be more speed signs, a gradual slowing down? Lights warning of your speed and more prominent warning signs when the speed is changing.

If you have any questions you can call or email us for a FREE initial advice - visit our website at http://www.motoringlawyersonline.com

In a scene reminiscent of George Orwells 1984 novel Transport for London (TfL) are planning to introduce measures that will prevent people from exceeding the speed limit.

They have launched a technology called Intelligent Speed Adaptation for all their buses. Basically it is a gizmo on board that uses GPS to identify the speed limit on the road you are driving and then limits your speed. Put the pedal to the metal and it brakes. The bus takes over and will not let the driver go any faster than the speed limit.


TfL want to introduce this to cars, initially voluntarily. There are 2 systems, one where you are notified (no doubt by an annoying nagging voice) that you are speeding and 'advised' to slow down and one where you are physically stopped from going any faster. Suggestions that such a system already exists and is called The Mother in Law have been made but we could not possibly comment.

TfL, however, believes ISA has several benefits, including a lower chance of speeding tickets, an associated reduction in CO2 and fuel costs and - 'improved driver style'

I wonder whether this sort of system could be extended? How about Burglars have a chip put in their arm and if they try to enter your house they are physically stopped by an electric shock...... but of course we couldn't do that because it is against human rights.

If you have any questions you can call or email us for a FREE initial advice - visit our website at http://www.motoringlawyersonline.com

I read an interesting survey today that said only 12% of over 2000 people questioned could correctly identify 8 road signs.

Even more staggering was that 67% did not recognise the signal for a zebra crossing and 15% did not know the national speed limit!

This of course has a huge impact on motoring offences and speeding tickets. The government tell us repeatedly that their priority is safer driving and yet no resources are used to ensure drivers are aware of the signals.

We take a test, which in my day consisted of the examiner showing you a couple of signs and if you didn't get them right he would show a few more until you did. After that test there is no further education, no need for a refresher, no adverts, no information sent through with your licence, nothing. We are expected to remember all that we were taught, sometimes over 20 years ago.

Motorists are keen to keep up to date with this knowledge, in the same report 40% of motorists wanted to see more speed signs to help them keep within the speed limit.

If the government is serious about the speed limits being for road safety and not to generate cash then they should do more to make it easy to keep up to date with the law.

If you have any questions you can call or email us for a FREE initial advice - visit our website at http://www.motoringlawyersonline.com