Speeding Penalties — The Sentencing Bands
The Magistrates Court Sentencing Guidelines divide speeding offences into three bands based on speed relative to the limit:
- Fixed penalty: £100 fine, 3 points
- Or magistrates court: low-level fine (B, up to 75% weekly income)
- 3 points
- Speed awareness course may be offered
- Medium-level fine (C, up to 125% weekly income)
- 4–6 points, or discretionary disqualification of 7–28 days
- Must appear in magistrates court if prosecuted
- High-level fine (up to 175% weekly income)
- 6 points, or discretionary disqualification of 7–56 days
- Custody considered for extreme excess speed
Exact bands and speed thresholds are adjusted for each speed limit (20, 30, 40, 50, 60, 70 mph). Aggravating factors (e.g. wet road, school zone, road works) can push to a higher starting point.
The Notice of Intended Prosecution (NIP) Process
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1
NIP issued
Police must serve a NIP within 14 days of a camera-detected offence, under s.1 Road Traffic Offenders Act 1988. An NIP given verbally at the roadside (e.g. stopped by a patrol car) counts as proper service. If the 14-day rule is not met, the charge may be defeated — a solicitor can raise this defence.
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2
Section 172 notice — name the driver within 28 days
The registered keeper must provide the driver's details within 28 days. Failure is a separate offence carrying 6 points (s.172 RTA 1988). Only limited statutory defences to failure exist (e.g. you did not know and could not reasonably have been expected to know). Nominating another driver requires genuine belief that they were driving.
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3
Fixed penalty notice or summons
If the offence is minor and you accept it, a fixed penalty (£100, 3 points) can be accepted by post. A speed awareness course may be offered as an alternative — these do not add points and do not appear on your licence. If the speed is in Band B or C, a court summons is issued.
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4
Magistrates court hearing
You have the right to contest the charge. A solicitor can challenge the accuracy of the speed detection device, the calibration records, the geometry of the camera, and the identification of the vehicle. If the evidence is strong, your solicitor prepares mitigation to keep points and the fine as low as possible.
Totting Up & Exceptional Hardship
Under s.35 Road Traffic Offenders Act 1988, if you reach 12 or more penalty points within 3 years, the court must disqualify you for at least 6 months — unless you can establish exceptional hardship.
What qualifies as exceptional hardship? It must be substantially beyond the normal consequences of losing a licence. Courts accept:
- Loss of employment where driving is essential and there is no realistic alternative transport
- Significant hardship to third parties (e.g. elderly relatives who depend on you for transport, employees who would lose their jobs)
- Specific medical or care needs of dependants that cannot be met another way
What does not qualify: inconvenience, ordinary difficulty getting to work, not being able to afford public transport, or personal preference for driving. The argument must be supported by evidence — witness statements, letters from employers, medical evidence — and presented persuasively by a solicitor.
Exceptional hardship can only be argued once within any 3-year period on the same grounds. A solicitor ensures you do not waste your one opportunity on a poorly prepared submission.
New Drivers — The 6-Point Revocation Rule
Under the Road Traffic (New Drivers) Act 1995, if a driver accrues 6 or more penalty points within 2 years of passing their test, their licence is automatically revoked. They must re-apply for a provisional licence and re-sit the theory and practical tests.
A single 6-point speeding offence (Band C) will trigger revocation for a new driver. This makes challenging the evidence even more important for newly qualified drivers. Exceptional hardship arguments do not apply to new driver revocation.
Frequently Asked Questions
Can I challenge the accuracy of a speed camera?
Yes. Speed cameras must be calibrated and operated correctly. Solicitors can request the calibration records, maintenance logs, and technical specifications of the device. Different camera types (Gatso, Truvelo, SPECS average-speed, mobile laser) have different legal requirements. Evidence of a device fault or procedural error can defeat the charge.
Is a speed awareness course better than 3 points?
For most drivers, yes. A speed awareness course does not add penalty points to your licence, does not appear on your DVLA record, and typically does not affect your insurance premium in the same way points do. Courses are only offered for lower-range Band A offences, and only if you haven't done one in the past 3 years. However, the course fee (typically £80–100) comes from your own pocket.
I was not driving — can I still be prosecuted?
The s.172 notice requires the registered keeper to identify who was driving. If you genuinely do not know, you can state that — but failure to nominate carries 6 points (worse than the original offence). You cannot simply decline to identify the driver without providing genuine reasons. A solicitor can advise on your position if you were not the driver or if the vehicle was used without your permission.
Will 3 points increase my insurance premium?
Typically yes. Most insurers ask about penalty points at renewal, and 3 points will usually increase your premium. The impact varies by insurer and depends on your existing record. Points remain on your licence for 3 years (or 4 years for serious offences) and must be declared for the period endorsed.
What if I was caught speeding in a road works zone?
Temporary speed limits in road works zones are enforceable in the same way as permanent limits. The sentencing guidelines apply based on the temporary limit in force at the time, not the normal limit for that road. Aggravating factors include workers being present in the zone at the time of the offence, which can push the court to a higher sentencing band.