With new speeding laws introduced, speeding loopholes explained

Jane Bell

speeding

Under new government proposals, motorists who get two speeding tickets could face a ban from the road.

To crack down on dangerous driving, the government is doubling the penalty for motorists committing the worst offences.

Drivers who are caught breaking the speeding limit by more than 20mph could face a penalty of six points on their licence.

And if they are fined twice in a three-year period, they will reach the total for a ban of six months.

The government believes that these more severe penalties will reduce the number of deaths on the road.

The new guidelines are set out in a consultation paper about road safety and the consultation will run for several months before the proposals become law.

Last year drivers paid out £106 million in fines and more than 1.1 million motorists are close to being banned, as they have six or more points on their licence.

These new proposals could double the number of drivers who will be disqualified.

Under the current laws, drivers get a £60 fine and three points on their licence for speeding, no matter how much they are over the speeding limit.

When a speeding driver goes to court, a judge can give them six points or a ban if they have committed a serious offence.

But with these new proposals, speeding drivers will get six points automatically.

This six-point penalty could apply to those motorists caught at 50mph in a 30mph zone, 60mph in a 40mph zone, and 90-100mph in a 70mph zone.

Even motorists driving 35mph in a 20mph zone may not escape a speeding ticket.

Critics of the new measures consider them to be another attack on motorists.

And the government are planning to introduce a new generation of speed cameras to enforce these measures which will replace Gatso-style cameras.

Captain Gatso, from the campaign group Motorists' Against Detection, said: 'It's yet another job for the speed cameras raking in cash. It's yet more enforcement by Robocop.'

Currently vast numbers of speeding fines and offences are dealt with under the fixed penalty scheme. This means that motorists increasingly accept a speeding conviction without going to court and without ever seeing the evidence against them.

Jeanette Miller, a solicitor who specialises in helping drivers defend parking tickets and speeding offences, says:

"All of the machines used in modern day speed detection must be properly calibrated and can only be used  by officers who are specifically trained in operating them.

"There are also strict rules governing when, where and how the machines should be used.

"If these strict requirements have not been met, the prosecution may be unable to prove a speeding offence.

"Celebrity lawyer Mr Loophole helps celebrities to escape bans by using loopholes in the law. By knowing the speeding rules properly you, too, can evade a fine and even a ban."


Speeding loophole myths explained

Here Jeanette Miller, a leading expert in motoring law and author of Lawpack's Fight a Motoring Ticket, separates fact from fiction:

  • "I can drive fast enough to beat a speed camera."

    You would need to be driving at 171 mph or above for you to get through a 'Gatso' speed camera without it recording you on film.

  • "The ticket isn't valid because the traffic officer wasn't in plain view and he wasn't wearing a high visibility jacket."

    The guidelines state that the traffic officer (police officer, traffic warden, safety camera officer or community support officer) should be in plain view, but if he isn't, this still doesn't invalidate the ticket.

  • "There were no camera warning signs so the ticket cannot be valid."

    Speed checks can be carried out even when there are no warning signs.

  • "The back of the camera wasn't painted yellow."

    The back of Gatso cameras don't have to be painted yellow for the ticket to be valid. This is only needed if all the proceeds from tickets from that camera are to be used just for the building of more cameras.

  • "The police officer wasn't wearing his hat/jacket when he booked me for a traffic offence."

    A police officer only has to be recognisable as a police officer.

  • "I can't get points for speeding because I was in a hire car/company car."

    The lease company must still identify you as the driver.

  • "Speed cameras can't take photos of special reflective coating/honeycomb number plates."

    These plates could only possibly work on cameras with a flash (e.g. Gatso) and many have been shown not to work even with cameras that do. Honeycomb number plates are illegal and you can be fined for using them.

  • "Speed cameras can only catch cars in the inside lane."

    Speed cameras take shots across all of the lanes.

  • "My speedometer/cruise control wasn't working, so it wasn't my fault."

    The court will still say that it's your fault and that you're guilty.

  • "I was over the limit, but not to the extent that the police say."

    If you admit in court to any amount of speed, even 1mph over the limit, you're guilty of the offence.

  • "Red cars are more likely to receive a fine or prosecution than others because officers play 'speed snooker'."

    Officers target vehicles that appear to be travelling over the speed limit. Statistically, black and silver cars are most likely to be caught speeding (because they are the most common).

  • "I don't have to provide the driver's details because I've not been cautioned."

    The police don't have to caution you in these circumstances.

  • "The officer refused to show me the reading on the laser/radar gun. There's no proof of me speeding so I can't be convicted."

    By law, the officer doesn't have to show you the reading on the laser/radar.

  • "The officer didn't make me sign the ticket at the roadside. If I don't show up at court, the ticket will be dismissed."

    Officers don't have to give you a ticket at the roadside at all. If you don't appear at court, you will still be found guilty in your absence and your driver's licence can be suspended until you produce it to be endorsed. If you were then caught driving, you would be 'driving otherwise than in accordance with a valid licence', which carries points or a discretionary disqualification and a fine.


More information

Been caught speeding? Find out how speeding celebrities use legal loopholes to esacpe a ban.

Read insider tips from a motoring law expert, who shows you step-by-step how you can fight your speeding fine and parking ticket...and WIN...here.

60% of drivers who appeal against their parking ticket win! Read our tips on how you can fight your parking fine here.

Do you know that if you park too far away from the kerb, you can get a parking fine? Find out the new rules here.


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