There are many myths surrounding the rules and regulations for speeding offences, as well as the use of speed cameras to detect speeding on the road.

This article aims to address some of those common misconceptions.

10% +2 rule

We often hear people stating that they have been charged with a speeding offence, despite the “10%+2 rule”. The belief being that if you have exceeded the speed limit, that the police cannot charge you if you were travelling up to 10% +2 over the speed limit. This is a myth.

Discretion Offered By Police

Many police forces do allow some leeway and will not charge an offender with an offence of speeding if they have only “marginally” exceeded the speed limit. However, the margin varies from police force to police force.

The myth arises from the National Police Chief’s Council (NPCC) guidelines, which state that police should allow a discretion of 10% + 2mph. However, not all police forces apply this guidance.

Examples of Police Forces Guidance

Below are some of the police forces that have publicly confirmed that they are enforcing the above guidance:

1. Metropolitan Police (https://www.met.police.uk/foi-ai/metropolitan-police/disclosure-2024/april-2024/speed-cameras-thresholds/).
2. Greater Manchester Police (FOI response 942/19 | Greater Manchester Police).
3. North Wales Police (2024-749-speed-tolerance.pdf).
4. Avon and Somerset (Speed Enforcement: Your Questions Answered | Avon and Somerset Police).

Despite the above, this is discretionary only. The police do not have to adhere to this.
Essex Police are one of the police forces who have confirmed that they do not adhere to the guidlelines set out by the NPCC – Speed camera numbers and advice on activation thresholds | Essex Police.

Summary

In summary: The Police can charge someone with an offence of speeding even if they are only 1mph over the speed limit. There is nothing, in law, to state that they cannot do so. Any other guidance or policy is a matter of discretion only.

____________________________________________________________________________________________

Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

____________________________________________________________________________________________

Speed Cameras Are A Money Making Scheme

It is often suggested that speed cameras are only in place to generate money for those who operate the cameras. This is a myth. Whilst a lot of money is generated by speed cameras, through court prosecution for offences or acceptance of Fixed Penalties, this is not the objective of cameras being in place.

Intention of Speed Cameras

This is untrue for two reasons:

1. The funds generated resulting from offences detected by speed cameras are not issued to the companies that create, maintain and operate the cameras. All income received from fines for speeding are issued to the treasury. The income is then re-invested in the economy or put to good use by the government.
2. The governments main objective with installing cameras being to improve road safety, not generating revenue – with many cameras being placed on high-risk roads / locations such as dangerous bends, near schools, in built up residential areas, in town centres and in frequent accident locations. Speed cameras and the subsequent consequences are a valuable deterrent, to encourage motorists not to speed to avoid prosecution.

Studies Into Speed Camera Data

A study carried out by Cheng Keat Tang at the London School of Economics in 2017 (https://eprints.lse.ac.uk/86567/1/sercdp0221.pdf) held that the addition of 1,000 speed cameras on the road could reduce approximately 1130 crashes, prevent approximately 330 serious injuries, save approximately 190 lives each year and generating benefits of up to £21 million for the government.

Summary

In summary: Yes, speed cameras do generate a lot of money – however, that is not the objective of them. The primary objective of speed cameras is to ensure road safety and to reduce casualties.

____________________________________________________________________________________________

Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

____________________________________________________________________________________________

Warning Signs

Another common myth is that speed cameras must be visible and that they must be signposted. This is a myth. This also applies to officers using equipment and static speed vans.

Legislation Governing Warning of Signs

There is currently no legislation that requires for a speed camera to be visible or signposted, nor are they required to be painted yellow.
Speed cameras will typically be sign posted or clearly visible, however, this is to act as a valuable deterrent to prevent people from speeding rather than being a mandatory requirement.

Requirement For Speed Signs

The only requirement that is mandatory, is for the speed limit to be properly signposted by way of a commencement sign. Below is an example of what a “commencement” sign looks like:

Once the above commencement sign has been displayed, the government expect road users to adhere to the speed limit and therefore there should be no requirement to warn road users of any speed detection devices. However, as above, many cameras are signposted as the government want to encourage road safety, and therefore cameras are in place to act as a deterrent.

Repeater Signs

No repeater signs are necessary once a commencement sign is displayed. However, many roads will have repeater signs to remind drivers of the speed limit that is in place. It is the responsibility of the driver to be paying adeqaute attention of their surroundings, including the road signage, to ensure that they are always aware of the speed limit that they are driving on.

Change in Speed Limit

Where there is a change of a speed limit, the police will generally offer leeway to road users for a certain period after the change i.e. avoiding prosecution until road users are familiar with the change. The below signage may also be used to draw road users attention to the change of speed limit on a road:

Speed Camera Warning Signage

If warnings are given for a speed camera, then the below signage would usually be posted. However, it must be emphasised, that this is not mandatory:

Speed Awareness Course

We often hear individuals insisting that they must be offered a speed awareness course by the police and a variety of reasons are given e.g. that this is their first offence, that the offence is only “minor”.

This is a myth. The police are not required, in any circumstances, to offer a speed awareness course. These courses have criteria that must be met for the courses to be offered. However, it is still the police’s discretion as to whether they are offered.

Criteria for Courses

The below is the criteria that must be met for the course to be offered:

1. You must hold a full UK driving licence.
2. You must be willing to pay the fee for the course (approximately £100).
3. You accept that you are guilty of the offence.
4. You have not taken the course within 3 years prior to the commission of the offence.
5. The course can be taken within 4 months of the offence.

Limit for Offences

The offence will only qualify for a speed awareness course based on the below thresholds:

1. 31 mph in a 20 mph area
2. 42 mph in a 30 mph area
3. 53 mph in a 40 mph area
4. 64 mph in a 50 mph area¬¬
5. 75 mph in a 60 mph area
6. 86 mph in a 70 mph area

It is important to note that only the police can offer a speed awareness course. The Court cannot impose a course. Therefore, once an offence has been issued with court proceedings, it is too late for it to be reverted back to the offer of a course. As a result, if a course is offered, care should be taken if you are considering refusing this offer. Once the offer has been removed, the police cannot re-issue the offer.

Other Myths

Below are some quick fire answers to some other, less common, myths:

1. Speed cameras must flash – This is a myth. There is no requirement for a speed camera to flash. Most modern camers do not flash when a road user is detected speeding. This myth has arisen due to older cameras flashing, and therefore road users expecting this to occur.
2. Changing lanes will avoid detection – This is a myth. This might have been the case for older cameras but technology has advanced significantly. Cameras are able to accurately detect the speed of a vehicle across multiple lanes, and whilst a vehicle is moving lanes.
3. Speed cameras on motorways are only switched on when the variable speed limit is in force – This is a myth. Whilst we do not always know when speed cameras are live and activated, they are not only in place for variable speed limits. They are regularly in use, and issue tickets, for the national speed limit.
4. Not seeing the change in speed limit is a valid defence – This is a myth. It is a road users responsibility to be paying attention to their surroundings. If you miss the change in speed limit, whilst unfortunate, this is not a defence. This may be useful mitigation. However, not enough to avoid prosecution or conviction. However, you may have an argument if the speed sign was inadequate or obstructed in some way.

Conclusions

What can be taken from all of the above is quite simple. Do not exceed the speed limit. However, there are of course many instances where:

1. Speed signage is inadequate or obstructed.
2. There has been an emergency that meant that the speed limit could not be adhered to.
3. The penalty of a speeding offence could have significant repercussions for you or someone else.

If any of the above circumstances apply we would encourage you to reach out to one of the lawyers to discuss your case further.
We are here to fight your corner and have the expertise, experience, and commitment to secure the best possible outcome for your circumstances. Contact us today for your free initial consultation on 03334 432 366 and take the first step towards protecting your driving licence and future.

____________________________________________________________________________________________

Talk to Caddick Davies Solicitors today

Use our contact page to send us a message or call us on 0333 443 2366 for a friendly chat.

____________________________________________________________________________________________

• About
• Latest Posts

Neil Davies

Follow me here at LinkedIn

I am a criminal lawyer with over 25 years of experience and specialising in the defence of Road Traffic (driving) prosecutions and the founder and Senior Partner of Caddick Davies Solicitors.

Latest posts by Neil Davies (see all)

• Common Myths: Speeding & Speed Cameras - October 1, 2025
• Can Needing To Go To The Toilet Provide A Defence To A Motoring Offence - June 19, 2025
• Can I Drive With MOT Advisories? - June 19, 2025