If you have admitted being the driver at the time of the alleged offence and you do not receive your Conditional Offer of Fixed Penalty or further correspondence within 28 days of responding you must contact our office, please refer to the Contact Us page. If you fail to make contact and fail to comply with the request for information on this form (or any subsequent offer) then the matter may proceed to court in your absence.

Why have I been sent this Notice of Intended Prosecution?

Either the DVLA database has you recorded as the vehicle's registered keeper or last known keeper or you were nominated as being the vehicle's keeper during the alleged offence by the recipient of a previous Notice.

I used to own the vehicle but sold/scrapped it before the offence. Why have you contacted me?

Your contact details will remain on the vehicle's DVLA record until they receive the new owner's details and update their database. This is the case even if you have received a letter from the DVLA saying you are no longer the registered keeper. Section 172 of The Road Traffic Act 1988 gives the SEU the right to require any person, not just the registered keeper, who may know who was driving during the offence to provide that information. You must therefore reply to the Notice nominating the person or company you sold the vehicle to.

I did not receive the Notice within 14 days of the alleged offence, is it invalid?

A Notice of Intended Prosecution must be served on the vehicle's DVLA registered keeper within 14 days following the date of the alleged offence. There is an exemption if the Police cannot reasonably obtain the keeper's details within that time, e.g. if the DVLA has no keeper details or they are incomplete. There is no deadline for the issuing of any subsequent Notices or S172 RTA 1988 requests to identify who was driving. The SEU sends all Notices by first class Royal Mail allowing 2 business days for delivery within the 14 day deadline. By law these Notices can be considered served on the addressee. There is no requirement in law to use recorded delivery and it would be impractical for the SEU to do so due to the large number of Notices they issue. If you are the vehicle's registered keeper you should have the V5C registration document in your name. Company vehicles are normally registered to the business or a leasing company.

I think there is a mistake on the Notice of Intended Prosecution, is it invalid?

Errors in date, time, vehicle registration number, speed or time into red light and the spelling of names and addresses which are the result of clerical mistakes will not necessarily invalidate the Notice. Any errors should be brought to the attention of the SEU immediately.

Will you cancel the Notice because…?

  • I did not know the road
  • I didn't see any workers at the road works
  • I was distracted
  • I did not see the signs
  • I was late
  • It was late at night/early in the morning
  • The road was clear
  • I do not think the speed limit is suitable for that road
  • This is my first offence
  • Other drivers were speeding
  • I did not see the camera
  • The speed limit has recently changed
  • The vehicle behind me forced me to
  • I was just following the flow of traffic
  • My Satnav told me the speed limit was different/did not warn me that the camera was there

The SEU will not cancel a Notice for of any of the above reasons. If you believe that you have mitigating circumstances or a defence the only way to challenge the alleged offence is to request a court hearing.

Can I see the camera's calibration certificate / Home Office Type Approval (HOTA) / operator training certificate in relation to this alleged offence?

You can view calibration and HOTA certificates by logging into this Public Access System website. The camera's calibration certificate and HOTA can then be viewed under the Certificates tab. The officer training certificates can be viewed on the SEU web site at https://www.avonandsomerset.police.uk/seu. You will need to contact the SEU first to obtain the camera operator's collar number.

I cannot remember who had the vehicle at the date and time stated on the NIP, what should I do?

It is the legal responsibility of the vehicle's keeper to identify who was driving the vehicle during the offence. You may be able to identify the driver from the photographic evidence which you can view by logging into this Public Access System website and then clicking on the Photographs tab. Please note that the images are only legally required to identify the vehicle, not the driver. If the photographic evidence is of no assistance you should ask everyone who had access to the vehicle if they were driving and also check diaries, mobile phone records, bank statements, etc. Only one clearly nominated driver will be accepted as a valid reply to the Notice, not a list of possible drivers. If you still can't identify the driver complete the page 2 Reply to Notice Form by marking box 4 and send it along with a letter explaining what steps you have taken to try to work out who was driving. The case will then be reviewed to determine if you should be charged with Failure to Supply Driver's Details.

How must I reply to the Notice?

The Notice includes a request, made under Section 172 of The Road Traffic Act 1988, for the addressee to provide the SEU with details of who was driving during the alleged offence within 28 days of the Notice issue date.

An admission confirming you were the driver or a nomination of a new vehicle keeper or driver at a UK address may be made by logging into this Public Access System website or the addressee can reply in writing with a signature by completing the page 2 Reply to Notice Form and posting it to:

Speed Enforcement Unit
PO Box 213
Bristol
BS20 1DR

The Notice is addressed to my company. Who needs to respond to it and how?

The Company Secretary, Director, a Partner, the Sole Trader or similarly authorised person should reply to the Notice providing the driver's details. They may do so by logging into this Public Access System website and completing the form on the Nomination page if the new keeper or driver has a UK address or by completing the page 2 Reply to Notice Form and posting it back to the SEU. A direct reply from the driver will not be accepted.

I know who the driver was but they live abroad. What should I do?

Reply to the Notice providing the driver's details as well as corroboration that they were in the country at the time of the alleged offence and insured to drive the vehicle. The SEU will then continue their investigation with them.

I do not believe that my vehicle was at the scene of the offence. What should I do?

Complete the page 2 Reply to Notice Form by marking box 3 and send it to the SEU with a letter explaining why you think your vehicle wasn't there. Include any evidence you have of its whereabouts as well as clear photographs of its front and rear. The SEU will then investigate the matter.

What will happen if I ignore the Notice or reply but don't clearly identify one driver or do not sign it?

If no reply or an unsatisfactory response is received then the addressee of the Notice may be prosecuted for the offence of Failing to Supply Driver's Details. This is separate to the original traffic offence and carries a maximum penalty of a £1,000 fine and 6 penalty point endorsement.

Can I send the SEU a letter stating mitigating circumstances to have the penalty reduced?

The Fixed Penalty £100 fine and 3 point driving licence endorsement is set down in law and cannot be changed. The thresholds at which the Fixed Penalty and workshop out of court settlements are offered are based on NPCC - the National Police Chief's Council (previously known as ACPO - the Association of Chief Police Officers) guidelines and cannot be deviated from. If you wish mitigation to be taken into account you must request a court hearing.

Can I avoid replying to the Notice by claiming it breaches the Human Rights Act 1998?

Despite some reports in the press S172 RTA 1988 has not been found by the UK courts to breach the Human Rights Act 1998. Vehicle keepers/drivers are still therefore legally required to answer any request for driver's details made by the Police under that act and may face prosecution if they do not do so.

I do not believe that I committed the alleged offence. What can I do?

The only way to contest the alleged offence is to request a court hearing. You would then be sent a Single Justice Procedure Notice in due course to enter your plea and state any mitigation you may have or reasons for pleading not guilty.

If you plead or are found guilty the courts cannot sentence you to a workshop, only penalty points or disqualification and/or a fine. The amount of any fine and/or penalty points would be decided by the Magistrates and may be higher than the Fixed Penalty. A Victim Surcharge will be awarded, this will typically be 40% of the fine amount, the surcharge is used to fund victim services through the Victim and Witness General Fund. If you plead guilty the prosecution would normally ask for £90 to £110 costs. If you pleaded not guilty but are found guilty at a trial the prosecution costs would likely increase and if they have had to instruct an expert witness to support their prosecution the costs could be substantial.

If you have admitted being the driver at the time of the alleged offence and you do not receive your Conditional Offer of Fixed Penalty or further correspondence within 28 days of responding you must contact our office, please refer to the Contact Us page. If you fail to make contact and fail to comply with the request for information on this form (or any subsequent offer) then the matter may proceed to court in your absence.

Can I settle the alleged offence out of court?

If the offence can be settled out of court by accepting a Fixed Penalty or attending a workshop, on receipt of a completed Notice where we have a driver admission, if eligible, further information will be issued. If the only option is for the case to be heard in court, you will receive a summons in due course.

Important: By applying for the Fixed Penalty or workshop you are confirming that you were the driver and accept that the offence occurred. Once the workshop has been attended or the Fixed Penalty fine has been paid and your driving licence endorsed the SEU will consider the matter closed. There is no appeals process.

I will not be able to pay the Fixed Penalty fine in one lump sum within 28 days. What can I do?

Contact the SEU as soon as possible before you apply for the Fixed Penalty. They may be able to suspend the Notice for a short period of time to enable you to arrange to pay the fine in full. It cannot be paid in instalments under any circumstances. If you are still unable to pay in full you will have to request a court hearing. If found guilty you would be able to arrange a payment plan with the court but could be liable for a higher fine and court costs.

My driving licence is with the DVLA / has been lost or stolen / has just expired. What can I do?

Contact the SEU as soon as possible, they may be able to suspend the Notice for a short period to enable you to obtain your licence details. If you are still not able to obtain your licence details in time you will have to request a court hearing. You should then explain in your reply to the Single Justice Procedure Notice that you would have applied for the Fixed Penalty but were unable to as your driving licence details were not available.

I have a driving licence that was not issued by the DVLA (DVANI - Driver and Vehicle Licencing Northern Ireland, EU or other overseas issued licence). Can I apply for the Fixed Penalty or the workshop?

As long as your driving licence was valid in the UK at the time of the alleged offence and is still valid you can apply for the Fixed Penalty or the workshop if eligible. If you have a DVLA issued licence as well as a non-DVLA issued licence you should submit your DVLA licence details only, otherwise submit your non-DVLA licence details.

I have a provisional driving licence issued by the DVLA. Can I apply for the workshop or Fixed Penalty?

Having a DVLA issued provisional driving licence does not prevent you from applying for a workshop, as long as you have been offered this disposal and meet the criteria.

If you currently have a DVLA issued provisional licence you may apply to settle the alleged offence by accepting the Fixed Penalty as long as that option has been offered. Any points on your provisional licence will be transferred to your full licence when you pass your test. There is a 2 year probationary period after you pass your first full driving test. If you gain any penalty points during that period which take the total to more than 5 the DVLA will revoke your full licence. You would then have to apply for a new provisional licence and retake the theory and practical tests to get a new full driving licence.

If you have admitted being the driver at the time of the alleged offence and you do not receive your Conditional Offer of Fixed Penalty or further correspondence within 28 days of responding you must contact our office, please refer to the Contact Us page. If you fail to make contact and fail to comply with the request for information on this form (or any subsequent offer) then the matter may proceed to court in your absence.

Do there have to be signs warning drivers that the speed limit or a red light is being enforced?

There is no legal requirement to have warning signs informing drivers that the speed limit or a red light is being enforced. Drivers are required to stay within the speed limit and to obey traffic lights at all times. However the camera enforcement sign (the black 'box brownie' camera logo on a white background) may be in place in areas where speed and red light camera enforcement is carried out. In addition, they are shown on the sides of SEU vehicles.

I think that the camera that detected my alleged speeding offence was hidden / the mobile van or motorbike was illegally parked. Does that mean the Notice will be cancelled?

There is no legal requirement for speed enforcement cameras to be made visible to drivers. However the SEU and Highways England have voluntarily had their static camera heads covered with yellow retroreflective paint or sheeting. There are also high visibility markings on the SEU mobile speed camera vans and motorbikes. Camera Enforcement Officers may wear high visibility clothing for health and safety reasons.

When enforcement is carried out from private land permission has been obtained from the owner in advance. SEU vehicles can park in Police laybys and often have dispensation to park in Resident Parking Bays and similar restricted parking areas when they are carrying out Policing activities, such as enforcing the speed limit.

Even if the SEU vehicle was found to be not clearly visible or parked illegally the evidence of the alleged speeding offence would still stand and so the Notice would not be cancelled.

Can mobile speed enforcement only be carried out by Police Officers?

There is no requirement in law for mobile speed enforcement cameras to be operated by Police Officers. All SEU mobile enforcement is carried out by Camera Enforcement Officers who are Police Staff that have either been trained by the camera's UK distributer or by another CEO who has been trained to trainer level by the UK distributer. Certificates documenting CEO training can be accessed here on the Avon and Somerset Constabulary website. You will need to contact the SEU to obtain the collar number of the CEO that detected your alleged speeding offence.

Can drivers exceed the speed limit if they are overtaking?

The speed limit is the fastest drivers can legally travel at. There is no allowance to exceed the speed limit when overtaking.

Do drivers have to obey the reduced speed limits shown on the signs along the smart motorway?

Any reduced speed limits shown on the overhead signs along the smart motorway are mandatory. This is indicated to drivers by the red ring around the sign. If no speed limit is shown or they are displaying the National Speed Limit sign the motorway National Speed Limit of 70mph is in place and will be enforced.

When can drivers cross the stop line at a traffic light controlled junction or pedestrian crossing?

Drivers can only legally cross the stop line when the traffic light for their lane is displaying green. It is illegal for any part of a vehicle to move over the stop line while the traffic light is red, not just the front of the vehicle. It is also illegal to cross the stop line when the light is amber but there is a statutory defence if stopping would have been likely to have caused a collision.

Traffic lights normally display from 2.8 to 3 seconds of amber before the light turns red. The SEU allows the National Police Chief's Council recommended 1 second grace period of red light before any action is taken.

Do I have to drive my van within goods vehicle speed limits?

A goods vehicle is defined in law as any vehicle that has been designed or adapted for the carriage of goods. It is therefore not always relevant what the vehicle is identified as on the V5C Registration Certificate as it may have been incorrectly classified or modified since it was registered. It is the vehicle's physical characteristics that define if it is treated as a goods vehicle. Generally if there is a dedicated goods storage area in your vehicle it must be driven within goods vehicle speed limits. However there are two types of goods vehicle, car-derived vans and dual-purpose vehicles, that are exempt from the lower speed limit and so can be driven at car speed limits.

Heavy goods vehicles, which have a maximum laden weight of more than 7.5 tonnes, have a maximum speed limit on the motorway of 60mph. Goods vehicles have a maximum speed limit of 60mph on a dual carriageway (a road with a physical central reservation or barrier) with no regular system of street lighting and a maximum speed limit of 50mph on a single carriageway with no regular system of street lighting. On a Restricted Road (sometimes referred to as a Built-up Area) which is a dual or single carriageway road with a regular system of street lighting, goods vehicles have the same 30mph speed limit as cars.

Is my van classified as car-derived and so can be driven at car speed limits?

To be classified as car-derived a van must have been based on a pre-existing passenger vehicle and have a maximum laden weight of no more than 2 tonnes. The maximum laden weight is specified on the vehicle's V5C Registration Certificate as Max permissible mass. It does not matter if the vehicle was actually that weight when the alleged offence was detected. If any permanent fixtures have been added to the vehicle since it was registered they may have taken it above the maximum allowed weight. The V5C should also show the Body type as CAR DERIVED VAN.

Is my van classified as dual-purpose and so can be driven at car speed limits?

To be classified as dual-purpose a van must have an unladen weight (the weight of the vehicle including any permanent fixtures but not including the driver, passengers, goods or fuel) of no more than 2040kg and either:

  • Have four-wheel drive.
Or
  • Have a transverse row of at least two permanently fitted fixed or folding passenger seats to the rear of the driver's seat. They must be padded or sprung and have upholstered back rests. When in use the distance from the back of the rear most passenger seats to the steering wheel must not be less than 1/3 of the distance from the steering wheel to the rear of the vehicle's floor.
  • Have windows on both sides of the vehicle to the rear of the driver's seat which have a combined area of at least 1850 square centimeters.
  • Have a window in the rear which has an area of at least 770 square centimeters.
  • Have a permanently fitted rigid roof.
The vehicle's V5C Registration Certificate will not clearly identify if it is dual-purpose. It may also not be clear to the SEU from images recorded by a speed camera if the vehicle is dual-purpose. If you have received a Notice of Intended Prosecution saying your vehicle has exceeded a goods vehicle speed limit but you believe it meets the requirements to be classed as dual-purpose you will need to send the SEU photos of both sides, the rear and inside of your vehicle so they can verify your claim.

What is a Restricted Road / Built-up Area and what speed limit applies there?

You should assume that any road, except a motorway, that has a regular system of street lighting is a Restricted Road (sometimes called a Built-up Area) and has a 30mph speed limit unless there are signs showing otherwise.

A regular system of street lighting is defined in law as at least 3 lights which are spaced no more than 200 yards (600 feet or 182 meters) apart from each other. The lights do not have to be on lamp posts, they can be mounted on telephone or power poles or on the side of buildings. Although it is sometimes called a Built-up Area there is no need for there to be pavements or buildings along a Restricted Road. Both single and dual carriageway roads can be Restricted Roads. The speed limits of 70mph for a dual carriageway and 60mph for a single carriageway only apply if there is no regular system of street lighting.

There is no legal requirement for there to be terminal speed limit signs at the start and end of a Restricted Road but there normally are. If there is no terminal sign the 30mph speed limit starts at the first light in the regular system. It is illegal for 30mph repeater signs to be displayed on a Restricted Road. However there may be advisory speed camera enforcement signs which consist of 30mph speed limit and camera enforcement signs together on a blue background.

What makes a road a dual carriageway or single carriageway and what speed limit applies there?

A road is classed as a single carriageway if there is no physical separation between the lanes heading in each direction. A road is classed as a dual carriageway if there is a physical central reservation or barrier separating the lanes heading in each direction. In either case it does not matter how many lanes there are.

For the 60mph single carriageway or 70mph dual carriageway speed limit to apply there must not be a regular system of street lighting. If there is a regular system of street lighting the road will be classified as a Restricted Road and so have a 30mph speed limit unless there are signs showing otherwise.