Non-intercepted Speeding Fines: Everything You Need to Know in 2024

Have you received a speeding fine without being stopped by law enforcement? This type of penalty, often linked to automatic radar checks, raises many questions: what are the applicable amounts, how can you contest it, and what are your rights? This article explains in detail the rules applicable in France, with practical advice to help you act with full knowledge of the facts.

What is a non-intercepted speeding offence?

How does the procedure work?

1. Recording of the offence: A radar records the vehicle’s speed and takes a photo of the number plate.
2. Sending of the notice of penalty: The vehicle owner receives a letter at their home, usually within 15 days to a month after the offence. This document specifies the location, date, time, recorded speed, and the speed limit.

Amounts of fines for non-intercepted speeding offences

Fines vary depending on the extent of the speed limit exceedance. Here are the applicable amounts, in accordance with Article R413-14 of the French Highway Code:

Speeding by less than 20 km/h

• Speed limit ≤ 50 km/h: 4th class fine (€135, reduced to €90 if paid within 15 days, increased to €375 in case of late payment).
• Speed limit > 50 km/h: 3rd class fine (€68, reduced to €45 if paid within 15 days, increased to €180 in case of late payment).

Speeding between 20 and 49 km/h

• 4th class fine: €135 (reduced to €90, increased to €375).
• Additional penalties: Suspension of the driving licence for a maximum of 3 years (limitable to professional driving) and prohibition from driving certain vehicles for 3 years.

Speeding by 50 km/h or more

• Offence: Punishable by 3 months’ imprisonment and a fine of up to €3,750 (Article L413-1 of the French Highway Code).
• Additional penalties:
• Confiscation of the vehicle (mandatory in case of repeat offence).
• Suspension of the driving licence for 3 years (not limitable to professional driving).
• Cancellation of the driving licence with a 3-year prohibition on reapplying.
• Road safety awareness course (at your own expense).

Note: Reduced amounts apply only if payment is made within 15 days of receiving the notice. After this period, the fine reverts to the standard rate, then increases after 45 days.

How to contest a non-intercepted speeding fine

Do you believe the fine is unjustified? Here are the steps to contest it, along with the admissible grounds.

1. Check the deadlines

• Contest within 45 days: You must send your appeal within 45 days of receiving the notice of penalty. After this deadline, the fine becomes definitive.
• Exemption request form: Use the form attached to the notice of penalty or downloadable online from the ANTAI website.

2. Valid grounds for contestation

• Material error: Incorrect recorded speed, misidentification of the vehicle (illegible or stolen number plate), incorrect date or location.
• Stolen or sold vehicle: If the vehicle was stolen before the offence or sold before the date of the incident, provide a copy of the police report or the certificate of transfer.
• Force majeure: Exceptional weather conditions, medical emergency (with supporting documents).
• Signage defect: Absence or poor visibility of the speed limit sign (with supporting photos).

However, you may designate the actual driver (see next section).

3. Submit your appeal

• By post: Send your appeal (form + supporting documents) to the public prosecutor’s office (OMP) whose address appears on the notice of penalty. Send it by registered post with acknowledgement of receipt.
• Online: Via the ANTAI website, under the "Contester une amende" (Contest a fine) section.

4. Await the response

• Processing time: Allow 2 to 6 months to receive a response.
• Possible responses:
• Dismissal: The fine is cancelled.
• Rejection of the appeal: You must pay the fine or appeal to the police court (see below).
• Court summons: If the OMP believes your appeal requires an adversarial debate.

5. Appeal to the police court

If your appeal is rejected, you may refer the matter to the police court within 1 month of the rejection notification. This procedure is free of charge, but you may seek assistance from a lawyer. The court will examine the evidence and issue a ruling.

Case law example: In a ruling by the Court of Cassation on 27 November 2018 ([S2]), a driver had contested a speeding fine on the grounds that the radar was not approved. The Court overturned the conviction, emphasising the importance of verifying the legality of the check.

Designating another driver: how to proceed

Procedure to follow

1. Complete the designation form: This form is attached to the notice of penalty. You must provide the full details of the driver (surname, first name, address, driving licence number).
2. Send the form: Address it to the address indicated on the notice of penalty, within 45 days of receipt. Use registered post with acknowledgement of receipt as proof.
3. Keep a copy: Retain a copy of the form and the acknowledgement of receipt.

Consequences of designation

• For the vehicle owner: You are no longer liable for the fine, unless the designation is deemed inadmissible (e.g., driver not identifiable).
• For the designated driver: They receive a new notice of penalty in their name and must pay the fine or contest it.

What are the risks of non-payment?

Here is what you can expect if you do not pay:

1. Fine increases

• After 45 days: The fine reverts to the standard rate (e.g., €135 instead of €90 for a reduced fine).
• After 90 days: Automatic 50% increase (e.g., €135 → €202.50).
• After 1 year: The fine may be increased up to €1,000 (for a 4th class fine).

2. Enforced recovery

• Formal notice: You receive a letter demanding payment within 30 days.
• Entry in the fines register: Your name is entered in the national fines register, which may complicate administrative procedures (e.g., driving licence renewal).

3. Suspension of the driving licence

For speeding offences exceeding 30 km/h, failure to pay the fine may result in administrative suspension of the driving licence by the prefect, even if you were not intercepted. This suspension may last up to 6 months.

4. Criminal record

Unpaid fines may appear on your criminal record (bulletin no. 3), which may cause problems for certain jobs or procedures (e.g., naturalisation).

Tips to avoid speeding fines

1. Respect speed limits: Adjust your speed to traffic conditions, even if no radar is visible.
2. Check your mailbox regularly: Notices of penalty are sent to the address indicated on the vehicle registration certificate.
3. Designate the driver promptly: If you were not driving, designate the actual driver within the deadlines to avoid complications.

Frequently Asked Questions

1. Can I contest a speeding fine if I was not the driver?

2. What should I do if I did not receive the notice of penalty?

In this case, you may contest the fine for procedural defect, but you will need to prove that you were not informed (e.g., proof of change of address).

3. Can an automatic radar make a mistake?

Yes, automatic radars can make errors (e.g., misidentification of the vehicle, incorrect speed).

4. Can I lose points on my driving licence for a non-intercepted speeding offence?

• 1 point: Speeding by less than 20 km/h.
• 2 points: Speeding between 20 and 29 km/h.
• 3 points: Speeding between 30 and 39 km/h.
• 4 points: Speeding between 40 and 49 km/h.
• 6 points: Speeding by 50 km/h or more.

5. How can I check if a radar is approved?