Thousands of drivers are risking a £100 fine and three penalty points on their licence every time they drive on the motorway.

More than 53,000 incidents of drivers ignoring lane closed signs on smart motorways have been recorded since 2021, research has found.

Road safety charity IAM RoadSmart, which conducted the study, said it demonstrates the Government must give “serious thought” about the future of the roads.

Adherence to red X signs is critical to safety on smart motorways which had their hard shoulder converted into a live running lane.

Common speed camera myths

National Highways staff switch on the closed lane signs when stopped vehicles are detected in live lanes to prevent them being hit from behind and to help and protect the emergency services.

Since September 2022, all police forces have been able to use enforcement cameras to prosecute motorists who illegally pass under a red X or enter a lane beyond one of the signs.

This can result in a fine of up to £100 and three penalty points, or more severe penalties and a court appearance in some cases.

Figures obtained by IAM RoadSmart following Freedom of Information requests to police forces last year revealed 4,393 incidents were recorded in 2021, rising to 20,773 in 2022 and 28,231 in 2023.

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IAM RoadSmart director of policy and standards Nicholas Lyes said: “Ignoring a red X sign on a smart motorway is dangerous because it risks a serious collision and, for this reason, we welcome police forces clamping down on those who break the law.

“The majority of drivers have serious reservations about the safety of smart motorways where the hard shoulder has been removed, and these figures are unlikely to persuade them they are safe.

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“We know that no new all-lane running smart motorways will be built but it does beg the question of what we do with the existing stretches that are in operation?

“This is something the new Government needs to give some serious thought to.”

A National Highways spokesperson said: “A Red X signal is there to increase the safety of everyone using the road by highlighting an issue ahead.

“Above 90% of drivers observe Red X signals, but ignoring Red X signals is an offence and puts themselves and others at risk.”

How do speed cameras work?

Speed cameras work using radar or road markings to monitor a vehicle’s speed and capture evidence of any offence.

While older cameras used film, most modern devices are fully digital and can even track your average speed over many miles.

These digital systems record:

  • Vehicle speed
  • Time and location of the offence
  • Vehicle registration
  • Road speed limit

In some cases, they even capture a clear image of the driver and passenger.

What Speed Actually Triggers a Camera?

Contrary to common belief, there’s no universal “10% + 2mph” rule baked into law.

Experts from BigWantsYourCar.com explained: ““The idea that you’re safe doing 35mph in a 30 zone is one of the biggest myths we hear.

“Technically, you’re liable for a fine the moment you go even 1mph over the limit.”

While the National Police Chiefs’ Council (NPCC) does recommend a “10% plus 2” margin to allow for officer discretion, this is not a legal threshold and can vary depending on the enforcement area or the officer reviewing the case.

RAC advice adds: “The law states that you are liable for a speeding fine as soon as you exceed the limit, so if you’re doing 31mph in a 30 limit or 71mph on a motorway, you’re breaking the law and could receive a fine.

“It is well worth remembering this is totally dependent on the officer who catches the speeder, and it is up to that officer whether to fine the offender or not.

“The best advice is to not speed full stop.”

Common speed camera myths

Here are some other common speed camera myths :

Is it true that speed vans have to be visible at all times?

No. There are no laws about visibility, so nothing is stopping an officer from operating in the dark. But they don't often choose to do this and maintain that being visible acts as a deterrent in its own right.

Go Safe Casualty Reduction Officer, Gareth Thomas said: "Legally, we don't have to be visible. I could camouflage myself if I wanted to - but it's all about being fair, education and preventing an accident. Even if I parked my van and went for a walk somewhere, it would deter people from speeding right away."

Is it illegal to flash your headlights to alert motorists of a GoSafe speed van?

If drivers choose to flash to warn others about a speed van, they could be in breach of the law. Under section 89 of the Police Act 1997 it is an offence to "wilfully obstruct a constable in the execution of his/her duty".

However, Gareth says while it is an offence, it is very difficult to prove. He said: "It doesn't bother me that people flash to warn them of the speed van - I just want to educate people and the van to act as a speed deterrent."

What happens if I am caught speeding?

It all comes down to the circumstances within which you were caught speeding, and how much you were more than the limit. The minimum penalty for being caught speeding on the UK's roads is a £100 fine.

But Gareth explained in some circumstances, police can offer the option of attending a speed awareness course - an alternative to a fine and penalty points. Gareth, said: "An accredited course is far more likely to improve driver behaviour and consequently make our roads safer.

"Courses are available to drivers who respond quickly to the 'notices' and who were driving at no more than 10 per cent, plus 9 mph above the posted speed limit."

So for example, anyone travelling over 86mph on a motorway would not be offered the awareness course. Those who don't have a clean licence at the time of the office, or if you have been on the course in the last three years, it is unlikely you will be offered the awareness course as an option.