Drivers risk paying millions of pounds for breaking major Highway Code rule on motorways

Smart motorway

The RAC has called for a total removal of smart motorways around Britain

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Hemma Visavadia

By Hemma Visavadia


Published: 24/07/2024

- 09:43

53,000 drivers were caught breaking smart motorway rules over the last three years

Drivers have been fined more than £5million for breaking a major Highway Code on motorways across the UK, new data has found.

In total, 53,000 drivers have been charged £5.3million since 2021 for ignoring Red X signs on controversial smart motorways.


Under Rule 258 of the Highway Code, drivers must follow the red flashing light signals and a red X on a smart motorway. They are also advised against driving in a closed lane until there is a sign displaying a speed limit or the word “END”.

The Red X is used to close lanes on smart motorways when an obstruction such as a broken-down vehicle is detected in the road ahead.

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A smart motorway

Smart motorways were introduced in 2006 and scrapped in 2023

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Closed lanes are also used by the emergency services to quickly attend the scene of an accident on the road.

In 2021, nine police forces across England caught 4,393 drivers who ignored the red X rules on smart motorways.

One year later, 11 forces began prosecuting against the driving infringement which resulted in 20,773 motorists being captured by cameras.

Enforcement cameras can automatically detect vehicles passing illegally under a Red X sign.

Drivers who breach these rules can be fined up to £100 and given three penalty points on their licence, as well as more severe penalties if taken to court.

The Freedom of Information request detailed how between 2021 and 2023, Surrey Police caught 11,360 drivers committing Red X offences along the M3, M23 and M25.

Thames Valley Police caught 9,957 motorists on camera during the same period while Greater Manchester Police found 6,120 drivers who committed Red X offences on motorways.

Smart motorways have been unpopular with drivers since they came into force in 2006, when part of the hard shoulder on the M42 was converted.

In 2013, the M25 was the first motorway to have stretches of hard shoulder removed and replaced with the new scheme.

However, in April 2023, the Government announced that all new smart motorways would be scrapped and any future plans would be shelved. Existing smart motorways will continue to benefit from £900million in safety funding.

Rod Dennis, RAC road safety spokesperson explained that the figures “sadly underline” the fragility of a system designed to keep drivers safe on smart motorways.

He said: “The safety of any driver who is unlucky enough to stop on a smart motorway depends entirely on other people seeing the red-X sign and moving to another lane. It’s therefore terrifying to think that so many people have either ignored them or failed to spot them in the first place.

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Cameras overlooking the motorway

British drivers have been fined £5.3million since 2021

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The RAC recently called on the new Government to remove all the remaining smart motorways and instead convert them into controlled motorways with hard shoulders permanently restored.

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