Variable limits and motorway cameras catch drivers off guard, turning brief speed rises into costly encounters with the courts.
A 57-year-old Dorset motorist learned that lesson after a camera recorded 71mph in a 60mph zone along the M4–M5 corridor. His case shows how a modest speed above a variable limit can snowball into a ban, fines and long-term costs for everyday drivers.
What happened on the M4 and M5
On Monday 9 December 2024, Andrew Richard Patterson, 57, from Trent, Sherborne, Dorset, drove a VW Golf through a section of smart motorway covering M4 junctions 19 to 20 and M5 junctions 15 to 17. A variable speed limit of 60mph was in force. Cameras clocked him at 71mph.
He faced magistrates at Bath Law Courts on Friday 15 August. He entered a guilty plea. The court imposed a fine and a lengthy disqualification from driving.
For driving at 71mph in a 60mph variable limit, Patterson received a six-month ban and financial penalties totalling £574.
The court outcome
- Fine: £346
- Driving disqualification: six months
- Victim surcharge: £138
- Prosecution costs: £90
A six-month ban for 71mph in a 60mph zone stands out. That length of disqualification commonly points to “totting up” — the statutory process that triggers an automatic six-month ban when a driver accumulates 12 or more penalty points within three years, unless the court accepts exceptional hardship. The court file was not detailed in open report, yet the outcome aligns with that mechanism.
A second driver, a different outcome
The same stretches have caught other motorists. On Saturday 31 August 2024, Kelly Stubbs, 43, of Mill Lane, Swindon, was recorded at 72mph while a 60mph limit applied northbound on the M5 between junctions 17 and 16 and on the M4 between junctions 19 and 20. She drove a Vauxhall Mokka Ultimate Turbo.
Her case produced a routine penalty, showing how background factors often decide the severity of the result:
- Fine: £146
- Points: three
- Victim surcharge: £58
- Prosecution costs: £110
The contrast is stark: similar speeds, same limit, but one driver left court with points and a moderate fine, the other without a licence for half a year. Prior history and the court’s assessment of the circumstances can tip the balance.
How variable speed limits actually work
Smart motorways set temporary limits — often 60mph — to smooth traffic, manage incidents and reduce collisions. Overhead gantries display the active limit and camera enforcement follows the posted value, not the usual national speed limit. The system can change limits quickly as congestion builds or clears.
Cameras may be average-speed or fixed-point. Either way, the offences are simple: exceed the limit displayed on the gantry and you risk a penalty. Drivers who rely on memory or sat-nav defaults miss changing signs and rack up violations in minutes.
The enforceable speed is the one above your lane on the gantry. Treat it as the only number that matters.
The penalties at a 60mph limit
Courts use national guidelines tied to the posted limit and your speed. Income-based fines apply, and penalties escalate with speed and circumstances. Here is a simplified snapshot for a 60mph limit:
| Recorded speed | Typical outcome | Points/ban range |
|---|---|---|
| 61–75mph | Band A fine (often fixed penalty if eligible) | 3 points |
| 76–90mph | Band B fine, court hearing | 4–6 points or short ban |
| 91mph+ | Band C fine, court hearing | 6 points or a longer ban |
Why do some drivers receive bans at the lower end of the scale? Prior points, aggravating features and the totting-up rule can turn a modest excess speed into a loss of licence. The victim surcharge, set as a percentage of the fine, adds to the overall bill. Costs follow as well.
Seven pitfalls that trip drivers on smart motorways
- Assuming the national speed limit applies when lanes are open.
- Missing a new limit when traffic clears and the gantry changes.
- Leaving cruise control at 70mph while the limit drops to 60mph.
- Accelerating under a gantry that still shows a reduced limit.
- Lane-hopping to overtake and forgetting the limit applies to every lane.
- Ignoring the red X, which signals a closed lane and carries separate penalties.
- Relying on sat-nav limits that lag behind live gantry instructions.
What you can do now
Set your car’s speed limiter to track the current limit. Many modern cars allow a one-press limiter that prevents accidental creep above the posted value. If your vehicle lacks this, adopt a simple rule: only change speed after you pass a new gantry sign.
Use audible alerts. Several navigation apps provide overspeed beeps that respond to smart motorway data. Keep the volume up. If you drive the same corridor daily, map the usual camera locations and stay vigilant during peak times, when variable limits shift most.
Check your licence status. If you sit on 9 points, a routine 3-point offence risks a totting-up disqualification. Consider adjusting your driving plans, switching to public transport for particular stretches, or using a speed awareness course if offered and you are eligible.
The money angle: what that £574 really means
For Patterson, the headline figure includes the fine, the statutory victim surcharge and prosecution costs. Insurance premiums often rise sharply after a ban or fresh points, and the increase can eclipse the court bill by thousands over the life of a policy. Employers who require driving may also impose restrictions, which carry a separate financial hit.
Stubbs’ lower fine reflects how courts set fines by income bands and circumstances. Surcharges scale with the fine, which explains the £58 figure in her case. Costs vary by case and court.
Could 71mph really end in a ban?
Yes, it can when a driver arrives at court already close to the 12-point threshold or with aggravating factors on record. That is why two apparently similar offences can produce very different outcomes. The numbers in these cases sit inside normal ranges once you account for background.
Seventy-one in a 60 didn’t look dramatic, yet the driver left Bath without a licence for six months.
Practical add-ons you can use this week
Try a short simulation on your next commute: cap your speed at 58mph whenever you see a 60mph gantry and leave a five-second gap to the vehicle ahead. You will maintain flow, cut braking, and remove the risk of a marginal reading. Measure the actual time difference over 10 miles; most drivers find it adds less than a minute while shrinking legal and fuel costs.
If you hold a licence for work, document any unavoidable reliance on driving and keep records of alternative travel options. Should you face court, well-organised evidence can support your case when magistrates consider hardship — though it does not guarantee relief from a totting-up ban.
Six months for 71 in a 60? That seems wildly disproportionate unless there was totting up. Any details on prior points?
Smart motorways feel like playing whack-a-mole with speed limits. Blink and you’ve “won” a court date. Time to set the limiter, folks 🙂