In the UK, average speed cameras have become an increasingly common way of monitoring motorists. Unlike traditional fixed cameras that capture your speed at a single point, these systems calculate your average speed over a stretch of road. While intended to improve road safety, they have also sparked confusion, myths, and questions about fairness. Here we unpack some of the most common misconceptions and explore the potential defences available if you face prosecution.
How Do Average Speed Cameras Work?
Average speed cameras record the exact time your vehicle passes two or more points along a road. The system then calculates your average speed across the measured distance. If that figure exceeds the posted limit, you may receive a Notice of Intended Prosecution.
These cameras are often used on long stretches of motorway or areas with roadworks where safety risks are high. Because they measure consistency rather than a single snapshot, they discourage motorists from slowing down briefly for a camera and then speeding up again.
If you’ve received a notice for speeding, it’s important to know that there are possible legal challenges.
Myths vs. Reality
| Myth | Reality |
|---|---|
| “I can beat the system by slowing down near the second camera.” | Not always. Many routes have multiple cameras to track average speed across several points. |
| “Small overspeeds aren’t punished.” | Some leeway may exist, but prosecution thresholds vary. Don’t assume leniency. |
| “Average speed cameras can’t be wrong.” | Like all technology, errors happen. Maintenance, calibration, and visibility of signage can all be challenged. |
| “There’s no defence; it’s an automatic penalty.” | Incorrect. Legal defences exist, and courts must consider whether evidence was lawfully and accurately obtained. |
Potential Defences
If accused of speeding by an average speed camera, possible defences include:
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Calibration and Accuracy Challenges
Enforcement equipment must be properly calibrated. If records aren’t available or reveal errors, your case may be weakened. Learn more about challenging such allegations on our serious motoring offences page. -
Incorrect or Missing Signage
If the speed limit wasn’t clearly signed, or signs were obscured, this can form a defence. Drivers must be given fair warning. -
Driver Identification Issues
Authorities must prove who was driving. If there’s uncertainty, especially when multiple people are insured to use the car, this could be contested. See our advice on failure to identify the driver. -
Exceptional Circumstances
Medical emergencies or sudden hazards may justify exceeding the limit. These are sometimes argued under special reasons provisions. -
Procedural Errors
Authorities must serve notices within strict timeframes. A late or incorrectly served notice may invalidate proceedings. Our page on mitigation covers how circumstances and errors can affect outcomes.
Consequences of Conviction
A conviction for speeding can result in fines, penalty points, or disqualification. Accumulating 12 or more points may even lead to a totting up ban. For some drivers, such as professionals reliant on their licence, the consequences can be life-changing.
Why Legal Representation Matters
Challenging an average speed camera case requires a detailed understanding of UK motoring law. A solicitor can:
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Scrutinise calibration and maintenance records
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Check whether speed limits were properly signposted
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Identify procedural errors in how the case was brought
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Present mitigating circumstances to reduce penalties
At Hadi Law, we specialise in defending motorists facing allegations from speeding to dangerous driving. With decades of combined experience, our solicitors have successfully defended thousands of cases across England and Wales.
Final Thoughts
Average speed cameras are a powerful enforcement tool, but they are not infallible. Understanding the myths, the reality, and the legal options available can make a major difference to the outcome of your case. If you’ve been accused of speeding, don’t assume you have no defence. Speak with an experienced solicitor who can assess the evidence, explain your rights, and fight for the best possible result.
Need advice? Contact our team today via the Hadi Law Contact Page.
