Legal FAQ's on UK Road Laws

Are the speed cameras calibrated?

The cameras are calibrated once a year as per the set guidelines. The cameras very rarely malfunction and if they do the faults are spotted before any notices of intended prosecution are sent out.

Can I challenge the fixed penalty notice?

Yes, you can plead not guilty to the ticket. On the back of the ticket there will be information on how to challenge the ticket.

You still have to produce your documents at your chosen police station but you retain your licence and the ticket. You will then be sent a summons in due course with a date for the court hearing.

Can I get banned for speeding?

Yes you can.

However, it is each individual police force’s discretion as to what speed the enforcement begins.

Can I go on a speed awareness course instead of having points on my licence?

There is now a national scheme which will allow drivers to take part in a speed awareness course as an alternative to prosecution. However, as this scheme is a new initiative it may be that some forces have not yet set it up at a local level.

In order to qualify for the course, the driver must not have exceeded the speed limit by excessive amounts. Each force will set it’s own trigger speed limits. A driver may only attend one course in three years and the offer of a course is at each Force’s discretion.

The course aims to improve the quality of the driving of the participants and also make them more aware of the consequences of speeding.

Does there have to be signs to warn motorists that there are speed cameras (both fixed and mobile)?

There actually is nothing in law that states that any speed camera device whether fixed or mobile must be marked in any way, signed or at a particular position. There are Codes of practice and best practice guides that are set by police forces themselves but these are policies rather than law.

How can I tell what the speed limit is?

In most places the speed limit is displayed on circular signs displayed on both sides of the carriageway and if there are signs indicating speed limits these should be followed.

If there are no signs and it is in a built up area and there are street lights present (the street lights must be no more than 200 yard apart whether they are on the same or opposite sides of the road) the speed limit is 30mph.
If there are no street lights and it is not in a built up area (i.e a country road) then the speed limit is 60mph, or 50 mph if the vehicle is a goods vehicle such as a non car based van or a passenger vehicle with more than 8 passenger seats.

How long will the penalty points/endorsement stay on my licence?

It depends on the type of offence. For more serious offences the endorsement starts on the date of conviction, and for others on the date of the offence. (N.B. The codes shown in brackets below are the codes that show on your licence)

Totting Up (TT99) : If you get 12 or more points within a period of 3 years, you’ll be disqualified under the Totting Up system, but at the end of disqualification the points accrued in those three years will normally no longer count against you.

However, if you have not been disqualified under the three years totting up, then the endorsement will be shown on your licence for the following differing periods of time:

11 years for:
Drinking/drugs & driving (DR10, DR20, DR30 and DR80)
Causing death by careless driving whilst under the influence of drink/drugs (CD40, CD50 and CD60) - Causing death by careless driving, then failing to provide a specimen for analysis (CD70)

4 years for:
Dangerous driving (DD40, DD60 and DD80)
Offences resulting in disqualification
Disqualified from holding a full licence until a driving test has been passed.
Other less serious endorsable offences (speeding, vehicle defects etc.).

After the relevant period, if you wish, you may apply for a new counterpart licence that will not have any record of the points/endorsement on it. You will need form D1 (previously D750) along with the appropriate fee.

How many points can I have on my licence before I face a ban?

Twelve penalty points on your licence within 3 years will mean that you face disqualification under the ’totting up’ procedure.

If you have 9 or more penalty points on your licence then you cannot accept any further fixed penalty tickets and must go to court.

How much is the fine for fixed penalty notices (for traffic offences) and how many points is it?

A non-endorsable ticket is mostly £30 and no points on your licence (some offences are £60 e.g. no seatbelt)
An endorsable ticket is mostly £60 and three points on your licence (some offences attract a higher fine and 6 points e.g. insurance £200 and 6 points).

I got a fixed penalty notice for parking, but I had a disabled badge. What can I do?

If you want to query the ticket you need to write to the address on the ticket stating your reasons why you think the ticket should be cancelled. If it concerns a disabled parking permit then you should include a photocopy of it.

You will then receive a reply from the central ticket office/local authority department, if the ticket has been cancelled you need take no further action, if it has not been cancelled then you will be given a period of time within which to pay the fine.

I got a fixed penalty ticket from a police officer but I have lost it, what should I do?

You should attend at your chosen police station with your documents and inform them that you have lost the ticket. It is likely that you will have to be dealt with by the court. You will receive a summons in the post and you will have the opportunity to plead guilty by letter or to attend at court.

If you have received notification through the post and have lost it then you need to contact the Central Ticket Office of the force concerned. If you provide them with the registration plate of the vehicle you were driving at the time they should be able to assist you.

I have got a fixed penalty notice but I cannot afford to pay the whole amount, can I pay it in installments ?

No. The whole amount must be paid in full within 28 days. You can pay by credit card as well as a debit card.

If you contact the Central Ticket Office of the force involved they may be able to offer you some assistance

I have got a fixed penalty notice, do I have to surrender both parts of my licence?

Yes. If you have a new licence then you must surrender both the paper part and the photocard. It is only a full licence when both parts are present.

I have got a parking/speeding ticket/congestion charge for a car that has the same number plate as mine, but it was not my car, what do I do?

Unfortunately it is up to you as the registered keeper to satisfy the issuer of the ticket that it was not you or your car at the time and place where the alleged offence occurred. Here are some suggestions on how to deal with it.

1.You could consider taking a photograph of the rear of your vehicle that may show that it was not your car. Hopefully there will be small differences between your car and the cloned one.
2.Legally manufactured number plates must have the details of the manufacturer on them so that may also be a way of distinguishing the vehicles, providing the photograph is of a high enough quality.
3.If you park your car in a car park whilst at work the operator may have CCTV evidence to prove that your car was there at the time of the alleged offence.
If this is a regular occurrence (and especially if the tickets are from your local area) contact your local police who may be able to put a marker on the police national computer. Be aware though that this will probably result in you being stopped more often so make sure you have documentation with you to identify yourself and the vehicle (but never leave it in an unoccupied vehicle).

Number plate cloning and car cloning are becoming a growing problem (though it is still on a relatively small scale in the scheme of things), but the Government is looking at ways of reducing it.

I have got a speeding ticket/summons, but I wasn’t driving, what should I do?

If it is a speed camera that has flashed you, you will receive a notice of intended prosecution/conditional offer, on the back of it there will be several options.

There is a section, which states that if you were not the driver then you must provide details of the driver. Failure to provide these details could result in a fine.

There is a statutory duty on all keepers of motor vehicles to be able to provide details of who has been driving the vehicle and keeping records is obviously the easiest way of doing this.

I have got a speeding ticket and I want to see the photographic evidence, can I?

Most forces will not release photographic evidence unless the ticket is challenged (plead not guilty). You should then be sent the evidence, which will usually include the photographic evidence and/or a statement.

Any person accused of a criminal offence has the right to defend themselves and in order to do this, evidence of the breach of law must be provided to them. There is no requirement as to exactly what that evidence must be, only that it is evidence of the breach of the law and that you will be able to have a fair hearing.

You will not then be able to pay the ticket; you will have to attend court.

I have got a speeding ticket but I have misplaced my licence, what should I do?

You should attend at your chosen police station with the ticket and the rest of your documents (insurance and MOT) in order to comply with the ticket. The person who takes the details will then note that you have not produced your licence and you are likely to be reported. The speeding ticket and the failure to produce your licence will both be dealt with at court and a summons will be issued to you in due course. You do not always have to attend court and may be able to plead guilty by letter. The summons you receive will tell you whether this is possible.

It is advisable if you have not already done so to apply for a new licence as soon as possible. If the licence comes shortly afterwards then it may be worth contacting the central ticket office of your local police force to see if they will allow you to pay the speeding fine without the possibility of attending court. This is discretionary as after 28 days a summons will be issued.

I have received an endorsable fixed penalty ticket and need to send my licence off but I am going on holiday and need my licence, what can I do?

You still need to attend at the chosen police station to show your driving documents. You should ask to speak to the Ticket Enforcement Section (name may vary from force to force) and see if they are willing to grant an extension.

Extensions are discretionary and it will be up to each Force as to whether they are granted or not.

I missed the deadline for payment of the fixed penalty notice by a few days, what can I do?

You should attend at your chosen police station as soon as possible and preferably during office hours so that the central ticket office can be contacted to see if it is still possible for you to pay the fine and not go to court. This is at the discretion of the central ticket office, as after 28 days a summons will be automatically issued.

I received a summons/conditional offer for a traffic offence through the post and lost it, what do I do?

You need to contact the Central Ticket Office (sometimes called Central Process Bureau or similar) of the force concerned and in most circumstances you will be issued with another copy.

If it was a conditional offer and you have failed to pay, you will be given another opportunity to pay the ticket so you will eventually receive more paperwork.

If it was a summons you must re contact the Central Ticket Office as a failure to appear at court could lead to a warrant for your arrest being issued.

Do not delay. There are time limits on these processes and they can get more expensive (or even lead to your arrest) if you do nothing.

I sent my licence off with the ticket and I have not got it back yet, what can I do?

The usual length of time to return a licence is four weeks. If you have still not received your licence back after this length of time you should contact the central ticket office of the police force involved who should be able to inform you.

I stole a car when I was 15 and received penalty points as part of my punishment. What effect will this have when I am old enough to start driving?

If you receive penalty points for a driving offence prior to being eligible for a licence (for example when you were 15 years of age), the points will appear on your provisional licence when you apply for it at aged 17 (the most common age for such an application).

When you attain a full licence on passing your driving test, the points will be on that document, assuming they have not expired. However, as a new driver the law relating to probationary drivers also applies for the first two years. If, as a new driver, any further points are accrued, for example if you are caught speeding, and the new total is 6 points or more, you will have your full licence reduced back to provisional and you will have to take another theory, hazard perception and practical test to regain full licence status. This process can only happen once, but read on for further consequences if, as a new driver, you receive further penalty points.

If all of this happens within four years the original penalty points and those further accrued will still remain valid until they expire.

If yet further penalty points are accrued one of two things can happen:

1. If the total number adds up to twelve within three years of the very first set of points accrued, then you will be disqualified from driving altogether. Once the disqualification period has finished however, you will get your licence back and the points will have been wiped clean. The court has the option of ordering a re-test.

2. Even if the points don’t add up to twelve in total you can still be disqualified and made to take a re-test by order of the court. Any points that you have accrued will remain on your licence after you have completed the disqualification period by passing the re-test because the only time that points are wiped following disqualification is where you have been disqualified through accruing 12 points within a three year period (i.e. the ’totting up’ disqualification).

If I am issued a parking ticket must it be stuck on my windscreen?

No, the officer issuing the ticket can stick it to any area of the vehicle. Ordinarily officers will attach the ticket to the windscreen because it is most visible in this position. In most cases they will place the ticket under a windscreen wiper in order that it does not blow away, hence the reason it may seem to be a requirement for it to be placed on the windscreen.

Some local areas may have different methods of notification and will not issue a parking ticket in this manner. For example, Officers/Wardens may take a photograph using a digital time stamp and issue the ticket via post. There are also CCTV systems covering parking places which work on the same principle.

We have got a speeding ticket for our car but we cannot remember who was driving?

It is the responsibility of the last known registered keeper of the vehicle to provide details of who was driving at the time of the alleged offence. Failure to do so could result in a fine.

If you do not know who was driving then you should contact the Central Ticket Office of the force concerned who will advise you what action to take as policy may vary from force to force. Photographic evidence (if available) may resolve the issue.

If it is a company vehicle and no driver can be identified then it may be the company secretary/director who is prosecuted for failure to furnish driver details. If every effort was made to identify the driver it is possible that the company will receive a warning letter and requesting that they implement a logging out system for vehicles. If they re-offend it is very likely that they will be prosecuted.

What are fixed penalty tickets (in relation to driving offences)?

There are two types of fixed penalty tickets, endorsable and non-endorsable.

•Endorsable tickets mean that you will get 3 points on your licence and a £60 fine (but be aware that is the penalty for the majority of tickets, there are a few variations where it is more, not having insurance is one example).
•A non-endorsable ticket means that you will receive a £30 fine (some are higher) but do not get any points on your licence.
It depends what offence has been committed as to which type of fixed penalty ticket you will receive. It is not automatic that you are given a fixed penalty ticket if you commit one of these offences, you could be prosecuted through the normal channels.

A few examples of endorsable and non endorsable tickets are -

Endorsable

•speeding
•going through a red light
•using mobile phone whilst driving
•pedestrian crossing offences
•no insurance (£200 and 6 penalty points)
Non-endorsable

•drive a vehicle with no MOT (£60)
•fail to comply with a traffic sign, for example,
?give way sign
?roundabout sign
?vehicle priority sign
•give way road markings
•failing to wear a seatbelt
•parking offences

What could happen if I get points on my licence as a provisional or newly qualified driver?

There is a probationary period for newly qualified drivers of two years from the date that you passed your driving test. If you accumulate 6 or more penalty points before the end of the two year period beginning on the date on which you first passed your test your full driving licence will be revoked and you will revert back to a provisional licence holder and be required to re-sit your driving test.

Any penalty points accrued prior to passing your test for the first time and which are still live will be taken into account towards the 12 points required for a driving disqualification but not for the reaching as 6 as a new driver within the first two years from passing the test. It does not matter whether the points were acquired by a conviction from the court or by way of a fixed penalty.

If 6 or more points are acquired after a disqualification period has expired but prior to the two probationary periods ending your licence will still be revoked. For example;

30/6/04 First passes test
12/7/04 Fixed penalty - 3 points
11/9/04 Convicted of careless driving and disqualified for 3 months
23/1/05 Fixed penalty - 3 points

Licence revoked

Even if a retest is passed there will be no effect on the points you have so far and if further points are acquired, whether before or after the re-test has been passed so that they total 12 or more then you will be liable to disqualification under the totting up procedure, for example;

10/3/05 Fixed penalty on a provisional licence - 3 points
19/5/05 Re-test passed
14/6/05 Further speeding offence
02/9/05 Penalty points given for speeding offence committed on 14/6/05 disqualified for 6 months.

At the end of the 6 months you would get your full licence back but you would not be required to sit a re-test unless the court ordered you to do so and if this was the case then you would have to sit an extended re-test.

What will happen if I don’t pay the fine on a fixed penalty notice?

1.You reject the fixed penalty notice from the start. You will receive a summons to go to court. You can either then plead guilty by letter or elect to go to court. If found guilty at court you may be given a slightly larger fine and you will have to pay the court costs (approximately £40).
2.You accept the penalty notice, but then fail to pay. The fine is registered with the court and is automatically increased by 50%. It is then for the court to enforce the fine and they do have the option of issuing a warrant for your arrest if you fail to respond.

What is a notice of intended prosecution?

The purpose of the notice of intended prosecution (NIP) is to inform the potential defendant that he may be prosecuted for the offence he has committed, whilst the incident is still fresh in his memory.

When you receive an NIP it does not automatically mean that you are going to face prosecution, it is a warning that you may face prosecution.

The NIP must be served on the driver or registered keeper within 14 days of the offence otherwise the offence cannot proceed at court. If the details of the driver are not known, then it is sent to the registered keeper. In either case, so long it arrives at the relevant address within the time limit the notice is valid.

If the registered keeper has changed address/not informed DVLA etc., as long as the NIP arrived at the address on record for the registered keeper within 14 days, it is still valid. The registered keeper then has an obligation to identify the driver.

The driver, may then receive further paperwork in due course, but that is not to be confused with the document that is legally required to be sent within the 14 days.

NIPs can also be issued verbally to the driver at the time of the offence or alternatively you could receive a court summons through the post for the alleged offence within the 14 days.

Small mistakes on the notice do not render it ineffective unless it would mislead the potential defendant.

The posted NIP is deemed to be served until the contrary is shown. There is a presumption that it arrived, however it is possible for a potential defendant or other witness to satisfy the court (on the balance of probabilities) that neither s/he (nor the registered keeper where applicable) received the notice.

What should I do if I can’t reach the police station where I am supposed to produce my documents?

You can produce your documents at any police station in the country, so do not worry if you cannot get to your chosen one. As long as you have your ticket or the producer given to you by the police officer it will not be a problem to produce them at another station.

What should I do if I am at a red traffic light and there is an emergency vehicle behind me trying to get through?

If you cross the stop line at the junction whilst the lights are on red, you will commit the offence of contravening a red traffic light. However if there is an emergency vehicle behind you with its emergency warning signals on it might be possible for you to manoeuvre out of the way to allow it through. Ideally this should be to the side of the road without encroaching into the main area of the junction. It should only be done when it is safe to do so without putting yourself or other members of the public in danger and it should only be done slowly and carefully.

It is important to remember that in committing the offence (crossing the stop line) the onus will be on you to provide evidence that you did so to allow an emergency vehicle through, and this may be considered as mitigation.

For further consideration Rule 219 of The Highway Code states:

You should look and listen for ambulances, fire engines, police, doctors or other emergency vehicles using flashing blue, red or green lights and sirens or flashing headlights, or Highways Agency Traffic Officer and Incident Support vehicles using flashing amber lights. When one approaches do not panic. Consider the route of such a vehicle and take appropriate action to let it pass, while complying with all traffic signs. If necessary, pull to the side of the road and stop, but try to avoid stopping before the brow of a hill, a bend or narrow section of road. Do not endanger yourself, other road users or pedestrians and avoid mounting the kerb. Do not brake harshly on approach to a junction or roundabout, as a following vehicle may not have the same view as you.