Short answer
If you are caught speeding in England and Wales, the registered keeper usually gets a notice of intended prosecution within 14 days and must name the driver within 28 days. The minimum penalty is a £100 fixed penalty and 3 points. You may be offered a speed awareness course, or the case may go to court.
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What is a notice of intended prosecution and the 14-day rule?
A notice of intended prosecution (NIP) warns that you may be prosecuted for an offence such as speeding. Under section 1 of the Road Traffic Offenders Act 1988, you cannot be convicted of speeding unless one of these happened:
- you were warned of possible prosecution at the time of the offence (for example, stopped at the roadside)
- a summons was served within 14 days of the offence
- a written NIP was served on the driver or the registered keeper within 14 days of the offence
The 14 days is about serving the notice on the registered keeper, not when you personally open it. The rule does not apply if an accident happened because of the vehicle's presence on the road, and delay can be excused if the police could not find the keeper's details with reasonable diligence. A notice sent to an old address held by DVLA can still count, so keep your vehicle details up to date.
Do you have to name the driver within 28 days?
Yes. A camera NIP normally comes with a request under section 172 of the Road Traffic Act 1988. The registered keeper (and anyone else asked) must give the driver's identity within 28 days of the request being served. This applies even if you were not driving.
Failing to give the information is a separate offence. It carries 6 penalty points (endorsement code MS90) and a fine of up to £1,000, which is often worse than the speeding penalty itself. There is a defence if you show you did not know, and could not with reasonable diligence have found out, who was driving. Giving false details is a much more serious matter and can lead to criminal charges.
How much is a speeding fine and how many points do you get?
According to GOV.UK speeding penalties guidance, the minimum penalty is a £100 fine and 3 penalty points. Speeding points (code SP30) stay on your driving record for 4 years from the date of the offence.
You may instead be offered a speed awareness course if the police decide it is appropriate and you have not been on one in the past 3 years. You pay the course fee instead of the fine and no points are added. The offer is at the police's discretion, so you cannot demand one.
Some cases are not suitable for a fixed penalty, for example where the speed is well above the limit. These go straight to court.
What are the rules for new drivers and totting up?
If you get 6 or more points within 2 years of passing your test, your licence is revoked under the new driver rules. You must apply for a new provisional licence and pass the theory and practical tests again. Unexpired points from your provisional licence carry over, so two speeding penalties can be enough.
For all drivers, if you reach 12 or more points within 3 years, the court must normally disqualify you for at least 6 months under section 35 of the Road Traffic Offenders Act 1988 (the totting up rule). The minimum rises to 1 year or 2 years if you have been disqualified before in the last 3 years. If a fixed penalty would take you to 12 points, it is usually not offered and the case goes to court.
Should you accept a fixed penalty notice or go to court?
After you name the driver, the driver usually receives a conditional offer of a fixed penalty. Under section 75 of the Road Traffic Offenders Act 1988 it must give you at least 28 days to pay and send your licence details. A ticket handed to you at the roadside gives at least 21 days to pay or ask for a hearing.
Your main choices are:
- accept: pay £100 and take 3 points (or do the course if offered). The matter ends with no conviction in court
- reject: ask for a court hearing or let the offer lapse, and the police may prosecute you in the magistrates' court
- do nothing on a roadside ticket: the penalty plus half (£150) can be registered as a fine against you
There is no appeal process for a fixed penalty itself. Challenging it means pleading not guilty in court. If you are convicted, the court can impose a higher fine, more points or a disqualification, plus prosecution costs and a victim surcharge. Many people consider challenging where there is a genuine legal or factual issue, such as a wrong vehicle, an identity mistake or a notice served late.
What is a single justice procedure notice?
Many speeding cases that go to court are dealt with under the single justice procedure. According to GOV.UK, you have 21 days from the date on the notice to respond, usually online. You can plead guilty and a single magistrate decides the case on the papers, with a reduction of up to one third for an early guilty plea. If you plead not guilty, the case is sent to a hearing in a magistrates' court.
If you do not respond, a magistrate can decide the case without you, and you lose the guilty plea reduction.
How do courts set speeding fines?
Magistrates follow the Sentencing Council speeding guideline (in force since 24 April 2017). It bands offences by how far over the limit you were. In a 30mph limit, for example:
- Band A (31 to 40mph): 3 points, fine starting at 50% of weekly income (range 25% to 75%)
- Band B (41 to 50mph): 4 to 6 points or a 7 to 28 day ban, fine starting at 100% (range 75% to 125%)
- Band C (51mph and above): 6 points or a 7 to 56 day ban, fine starting at 150% (range 125% to 175%)
The maximum fine is £1,000, or £2,500 on a motorway. If you face a totting up ban, you can ask the court not to disqualify you because it would cause exceptional hardship, usually by giving evidence in court. Ordinary hardship, such as inconvenience, is not enough, and you cannot rely on the same circumstances again within 3 years.
What are the key deadlines and time limits?
- 14 days from the offence: NIP (or summons) must be served on the driver or registered keeper, unless an exception applies
- 28 days from service: reply to the section 172 request naming the driver
- 28 days from issue: pay a conditional offer of fixed penalty (at least 21 days for a roadside ticket)
- 21 days from the date on a single justice procedure notice: enter your plea
- 3 years: window for a repeat speed awareness course, for totting up 12 points and for reusing exceptional hardship
- 2 years after passing your test: 6 points revokes a new driver's licence
- 4 years from the offence: speeding points stay on your driving record
What should you do next?
- Check the dates on your notice straight away and note the 28-day or 21-day deadline in your diary.
- Check the details: vehicle, registration, location, date, time, speed limit and recorded speed. Keep copies of everything you receive and send.
- Reply to the section 172 request within 28 days, giving accurate driver details even if you plan to dispute the speeding.
- Decide whether to accept the fixed penalty or course, or to plead not guilty, bearing in mind the higher penalties a court can impose.
- Upload your notice to Libra to get your options and deadlines explained and a draft response to check and send.
- If you face a ban, a new driver revocation or a not guilty hearing, ask Libra about your situation or find a lawyer or clinic through Libra.
Frequently asked questions
What happens if I get caught speeding by a camera?
The registered keeper is usually sent a notice of intended prosecution and a section 172 request within 14 days. You must name the driver within 28 days. The driver then normally gets a conditional offer of a £100 fixed penalty and 3 points, a speed awareness course offer, or a court summons or single justice procedure notice.
How much is a speeding fine in England and Wales?
The fixed penalty is £100 with 3 points. If the case goes to court, the fine is based on your weekly income and how far over the limit you were, from 25% to 175% of weekly income, up to £1,000, or £2,500 on a motorway, plus costs and a victim surcharge.
What if I receive the NIP after 14 days?
The 14 days runs from the offence to service on the registered keeper, not to you if the car is registered to someone else, such as a lease company. A late notice may be a defence, but there are exceptions, including an accident or where the keeper could not reasonably be traced. Check the dates carefully before relying on it.
Can I appeal a fixed penalty notice?
There is no formal appeal against a fixed penalty. If you think you are not guilty, you can decline the offer or request a hearing and plead not guilty in the magistrates' court. If you lose, the fine and points can be higher than the fixed penalty, and you may have to pay prosecution costs.
Can I do a speed awareness course instead of points?
Only if the police offer one. It is usually offered for lower speeds where you have not attended a course in the past 3 years. You pay the course fee instead of the £100 fine and no points go on your licence. If you do not complete the course, the case can go ahead as normal.
What happens if I ignore a section 172 notice?
Failing to name the driver within 28 days is an offence carrying 6 penalty points and a fine of up to £1,000. You may be prosecuted even if the speeding itself would only have meant 3 points. For a new driver, 6 points within 2 years of passing means losing your licence.
What is exceptional hardship?
If you reach 12 points within 3 years, the court must usually ban you for at least 6 months. It can decide not to if the ban would cause exceptional hardship, often to other people such as dependants, employees or patients. You normally need evidence in court, and you cannot rely on the same reasons again within 3 years.
How fast can I go over the limit before a camera flashes?
There is no legal buffer. Police guidance usually allows enforcement from 10% of the limit plus 2 mph, for example 35 mph in a 30 zone, but that is not a right. Any speed over the limit is an offence and you can be prosecuted.
Will a speeding fine affect my car insurance?
Usually yes. You must declare a speeding conviction or fixed penalty when renewing, and premiums often rise, sometimes for several years. A speed awareness course may not need to be declared to some insurers, but check your policy wording and ask your insurer.
How long do speeding points stay on my licence?
Speeding points stay on your driving record for four years from the date of the offence, but count towards a totting up ban for three years. Insurers often ask about convictions for five years, so the effect on premiums can outlast the points.
Can I be banned for one speeding offence?
Yes, if you are going very fast, or the court decides to disqualify you even without 12 points. Speeds far above the limit can lead to a ban of days or weeks, or longer. Courts can also impose a fine up to 175% of weekly income.
What if the car was hired or belongs to my company?
The registered keeper gets the notice but must name the driver within 28 days. A hire company or employer will give your details, and you will then receive the notice. Keep records showing who was driving, such as a pool car log or rental agreement.
Can I challenge a speeding ticket if the signs were unclear?
Yes, if the limit signs or road markings were missing or faulty, you may have a defence, and you can plead not guilty. Take dated photos or video and record the location. Your chance depends on the evidence, so do not ignore the notice.
Do I have to say who was driving if I was not the driver?
You must give the driver's name and address if you know it, or show you used reasonable diligence to find out. You do not have to admit you were driving if you were not. Failing to reply is a separate offence with its own penalty.
Ask Libra
- How fast can I go over the limit before a camera flashes?
- Will a speeding fine affect my car insurance?
- How long do speeding points stay on my licence?
- I got a notice of intended prosecution, what are my options?
- Do I have to name the driver if I lent my car to a friend?
- Should I accept a fixed penalty or go to court?
Sources
- GOV.UK: Speeding penalties
- GOV.UK: Penalty points (endorsements), including new drivers
- GOV.UK: Single justice procedure notices
- Road Traffic Offenders Act 1988, section 1 (notice of intended prosecution)
- Road Traffic Act 1988, section 172 (duty to give information as to identity of driver)
- Road Traffic Offenders Act 1988, section 75 (conditional offer of fixed penalty)
- Road Traffic Offenders Act 1988, section 35 (totting up and exceptional hardship)
- Sentencing Council: Speeding guideline (magistrates' court)
This guide is general information about the law in England and Wales as at September 2026, not legal advice. For advice on your situation, ask Libra or find a lawyer through Libra.
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