B P Collins’ criminal team explains what this change means in practice.
What are AI traffic cameras?
AI traffic cameras are camera systems that use artificial intelligence to analyse images of vehicles and their occupants. Their purpose is not simply to photograph a registration plate or record vehicle speed. Instead, they are designed to assess whether the driver appears to be holding or using a handheld mobile phone, whether a seatbelt appears to be missing or incorrectly worn, and in some systems whether other risky behaviours may be present.
How are AI traffic cameras different from traditional cameras?
A fixed speed camera identifies vehicles exceeding the speed limit; a red-light camera detects vehicles passing through a red signal; and average speed cameras compare number plate data between two points to calculate average speed. Transport for London says its London safety camera network includes static spot speed cameras, red-light cameras, average speed camera schemes and mobile spot speed cameras.
AI traffic cameras differ because they look for behaviour as well as vehicle movement. Rather than simply asking “how fast was the vehicle travelling?”, the newer systems may ask “what was the driver doing?” and “was the seatbelt visible?”. That makes them potentially more flexible, but also potentially more evidentially complex.
The AI does not, of itself, remove the need for proper proof of the alleged offence. In reported trials, AI has been used to identify images for review. The prosecution would still need to prove the relevant legal ingredients of the offence if the allegation is contested.
What offences can AI traffic cameras detect?
National Highways has said the technology under trial can detect motorists who fail to wear a seatbelt or hold mobile phones at the wheel.
The penalties can be serious. It is illegal to hold and use a phone, sat nav, tablet or any device that can send or receive data while driving or riding a motorised vehicle. This applies even when stopped at traffic lights or queuing in traffic. Holding and using such a device while driving can result in six penalty points and a £200 fine, with a possible court fine of up to £1,000, or £2,500 for lorry or bus drivers.
Where are AI traffic cameras being deployed?
Thames Valley
The Thames Valley region is one of the key areas for AI camera trials. In July 2023, Hampshire Police and Thames Valley Police used an AI camera van in a week-long operation targeting commercial vehicles on the A34 and A303. That operation reportedly identified 86 drivers suspected of using a phone, 273 motorists or passengers suspected of not wearing a seatbelt, and 132 mechanical offences. Five arrests were also made for offences including drug-driving and disqualified driving.
The A34 is a significant strategic road through the Thames Valley region, linking Oxford, Newbury and surrounding areas, while the A303 is a major route in the wider southern road network. For drivers, fleet operators and commercial vehicle users across Buckinghamshire, Berkshire and Oxfordshire, the practical message is clear: conduct inside a vehicle is increasingly capable of being captured, reviewed and used as a basis for enforcement.
National Highways has also recorded a previous fixed-camera trial on the M4 in Berkshire, which detected nearly 7,000 people failing to wear a seatbelt and over 25,000 drivers holding their mobile phone in six months. National Highways described that as the first use of this technology anywhere in the UK.
What does this mean if you receive a Notice of Intended Prosecution?
A driver who receives a Notice of Intended Prosecution or request for driver details following an AI camera allegation should not assume that the case is unchallengeable simply because AI was involved. The key questions are likely to include whether the image clearly shows a handheld device, whether the driver was “holding and using” the device, was the device capable of sending or receiving data, whether a seatbelt was in fact worn, and whether the human review process was properly followed.
There may also be issues about the quality of the image, the angle of the camera, whether the object was a phone or something else, whether the driver was safely parked, whether an emergency exception applies, or whether the wrong person was identified as the driver. Those points will depend on the evidence disclosed in the particular case.
The legal risk is particularly acute for new drivers, professional drivers, taxi drivers, delivery drivers and commercial vehicle operators. A mobile phone offence ordinarily carries six penalty points and a £200 fine. For professional drivers, the consequences may go beyond the fine and points, affecting employment, insurance and regulatory compliance.
What should I do if I receive a mobile phone or seatbelt allegation from an AI camera?
You should obtain legal advice promptly, check the deadline for responding to any request for driver details, and avoid assuming that an AI-generated allegation is necessarily correct. The evidence may still need to prove that the legal ingredients of the offence are met, including whether you were holding and using a data-capable device while driving.
For further advice and information, please contact B P Collins’ specialist criminal law team by emailing at enquiries@bpcollins.co.uk or call 01753 889995.
