Caught Speeding? A Guide to Notices, Penalty Points and Disqualification

Speeding is often reported as one of the most common motoring offences committed by UK motorists. Whether it is missing a change in the speed limit, a momentary lapse in concentration, or simply putting your foot down to get home quicker, it is an offence that many motorists can find themselves facing.

So, what happens when you are caught speeding?

Receiving a Notice of Intended Prosecution (NIP)

If a vehicle is caught speeding, the registered keeper will usually receive a Notice of Intended Prosecution (NIP) within 14 days of the offence.

It is important to note:

• The NIP must be posted within 14 days
• The key date is when it is sent, not when it is received
• If the NIP is not posted within the required timeframe, the speeding offence may not be capable of being prosecuted.

Why you should never ignore a NIP

If you receive a NIP as the registered keeper of a vehicle, you must respond.

Ignoring a NIP will not make the matter go away. In fact, failing to respond is a separate offence contrary to Section 172 of the Road Traffic Act 1988 and can sometimes attract a more severe penalty than the speeding allegation itself.

Possible consequences include:

• A financial penalty
• Up to six penalty points on your driving licence
• A conviction for failing to provide driver details.

Identifying the driver

The primary purpose of a NIP is to identify who was driving the vehicle at the time of the speeding offence.

The registered keeper must respond to the NIP within 28 days.

If you are unsure who was driving, you may request photographic evidence from the speed camera. However, it is important to note that;

• The Police are under no legal obligation to provide photographs
• Any request for evidence does not stop the 28-day deadline from running
• If you know the identity of the driver, you should complete the NIP with the relevant details.

Once the driver has been identified, the police will then contact them directly regarding the next stage of the process.

What happens after the driver is identified?

The driver of the vehicle will receive a notice outlining the details of the speeding offence and will be asked to respond.

The available options are usually:

Pleading guilty

If a guilty plea is entered:

• The speeding offence is admitted
• Personal circumstances may be put forward in mitigation
• The court can consider factors relevant to the appropriate sentence.

Pleading not guilty

If the allegation is disputed:

• A not guilty plea can be entered
• Details of the proposed defence can be provided
• The court will list the matter for a hearing and, if necessary, a trial.

What are the penalties for speeding?

The penalty imposed will depend on:

• The speed recorded
• The applicable speed limit
• The driver's individual circumstances
• Whether the matter is dealt with by fixed penalty or through the courts.

Up to 10mph over the speed limit

Travelling between 1 and 10 mph above the speed limit could result in:

• A Fixed Penalty Notice
• Three penalty points.

Drivers with a clean licence may sometimes be offered a Speed Awareness Course instead of penalty points. However, this is entirely at the discretion of the police force dealing with the offence.

If the matter proceeds to court, the starting point is generally:

• A Band A fine, which is the equivalent to 50% of the driver's relevant weekly income

Between 11 mph and 20 mph over the speed limit

For more serious speeding offences, penalties become more severe.

Potential penalties include:

• A Band B fine, which is the equivalent of 100% of the driver's relevant weekly income
• Between four and six penalty points; or
• Disqualification for between seven and 28 days

At this level, a Speed Awareness Course is generally no longer available.

More than 20 mph over the speed limit

Where a driver significantly exceeds the speed limit, the court will take a stricter approach.

Potential penalties include:

• A Band C fine which is the equivalent of 150% of the driver's relevant weekly income
• Six penalty points; or
• Disqualification for between seven and 56 days.

The usual starting point is that a period of disqualification should be considered.

For the most serious cases, where speeds are exceptionally high, the court has discretion to impose longer disqualification periods.

How long do penalty points stay on your licence?

Penalty points remain on a driving licence for:

• Four years in total
• They generally become "spent" after three years.

A driver can accumulate up to 11 active penalty points without triggering an automatic disqualification.

However, once a driver reaches 12 penalty points, the court must impose a driving ban of at least six months.

Can you avoid a disqualification?

In some circumstances, a driver may argue that a disqualification would cause exceptional hardship.

However, the threshold is high.

The court will expect evidence that the hardship goes beyond the consequences normally associated with losing a driving licence.

Importantly:

• Loss of employment alone may not be sufficient
• Financial difficulties alone may not be sufficient
• Each case is considered on its own facts.

Obtaining legal advice at an early stage can help ensure the strongest possible case is presented.

What this means for you

If you are facing a speeding allegation:

• Do not ignore a Notice of Intended Prosecution
• Respond within the required deadlines
• Identify the driver accurately and promptly
• Seek advice if you are considering a not guilty plea
• Take early legal advice if you are at risk of a disqualification
• Act quickly if you may need to argue exceptional hardship.

How JNP Legal can help

Speeding offences and the associated procedures are not always straightforward to navigate.

At JNP Legal, we can provide expert advice at every stage of the process, including:

• Responding to a Notice of Intended Prosecution
• Advice on guilty and not guilty pleas
• Preparing mitigation for court
• Representation in disqualification proceedings
• Exceptional hardship applications
• Ongoing support throughout the case.

Call or visit us today to discuss your circumstances and find out how we can help protect your licence and your livelihood.