Motorists on smart motorways have faced criminal convictions and been collectively fined over £100,000 in penalties, court costs and victim surcharges this year for disregarding red X lane closure signs, new research has revealed.
Dozens prosecuted monthly
Dozens of offending drivers appear before magistrates' courts in England and Wales each month after being captured driving in motorway lanes that have been temporarily closed. The red X signals can be activated automatically or by National Highways to close a lane following a crash, when a vehicle has broken down, or when workers are present on the carriageway.
Cameras positioned throughout the smart motorway network identify the offenders, with many thousands receiving £100 fixed penalty fines. However, Press Association research has revealed that some motorists are subject to full criminal prosecution for breaching the lane-closure regulations.
Conviction figures and fines
Court records from the beginning of this year show 378 drivers have been found guilty of disregarding the red X signs after being detected by the automatic cameras, resulting in fines amounting to £48,409, costs of £33,255, and victim surcharges of £20,183. Most convicted motorists also receive three penalty points, with some facing driving bans if they have existing points on their licences.
The RAC described it as "concerning" that drivers continue to ignore the red X rules, which were initially implemented with the introduction of smart motorways more than a decade ago. "The signs play an absolutely fundamental role in keeping people safe," stated RAC road safety spokesman Rod Dennis. "This is especially the case on those where the hard shoulder has been removed permanently, as the safety of a driver who has broken down in a live lane will depend entirely on other people reacting to the red X by moving to another lane. We implore drivers to take heed of these signs whenever and wherever they see them – not doing so might very well be putting people's lives in danger."
Recent cases and individual penalties
Last week, a dozen motorists were found guilty of disregarding the warning signs, during private court proceedings handled through the fast-track single justice procedure.
School governor Paul Hollowell, 56, from Warrington, Cheshire, submitted a written admission to the magistrate for the offence, explaining he attempted to avoid full criminal proceedings by accepting a fine and enrolling on a driver safety awareness course. However, he ultimately appeared in court after his laptop's battery died before completing the online course, meaning he failed to satisfy the conditions of an out-of-court resolution. "I chose the driver awareness course so I can learn from the mistake and avoid such driving error in the future," he explained. Mr Hollowell received a £384 fine from Manchester Magistrates' Court, three penalty points were added to his licence, and he must also pay £120 in costs plus a £154 victim surcharge.
Miles Luckett, 33, from Peterborough, Cambridgeshire, stated he noticed the red X signal was displaying due to a broken-down van as he entered the M1 at junction 15a in Northampton at approximately 1.30pm on February 20. "Due to traffic conditions in the adjacent live lane at the moment of joining, I made a split-second judgment call that an immediate sharp lane change posed a safety risk," he wrote. "While I was attempting to react safely, I fully accept that a red X is a mandatory instruction and deeply regret my misjudgment in not slowing down sooner to merge." Records from the smart motorway cameras reveal the red X had been displayed on the inside lane for over four and a half minutes when Mr Luckett's BMW, along with other vehicles, drove past. He received a £72 fine from Boston Magistrates' Court, three penalty points, and a £29 victim surcharge.
Vauxhall driver Christopher Harvey, 60, from Rickmansworth in Hertfordshire, and van driver Andreas Charalambous, 65, from Southgate, north London, were both caught within half an hour of each other while using the M25 near junction 18 on February 9. Harvey informed Stevenage Magistrates' Court that there was "no obstruction in front of me" and he couldn't comprehend how he could have prevented the offence. He was fined £177 following a guilty plea, handed three penalty points, and ordered to pay £120 costs and a £71 victim surcharge. Charalambous described the lane to his right as "very busy" when he noticed the lane closure sign, explaining that it "took a while before there was a sufficient and safe clear distance to be able to move lanes". At Stevenage Magistrates' Court, he received a £40 fine, three penalty points, £120 costs, and a £16 victim surcharge.
