Drivers caught committing smart motorway offences could be offered retraining as new research shows growing confusion over their usage.

Ideas under discussion include courses for people who use lanes closed with a red X.

First introduced in 2006 on the M42, smart motorways use technology to monitor traffic flow, vary the speed limit and open up the hard shoulder at busy times. More recently the Government introduced England’s first all-lane running motorway in 2014 on a section of the M25.

However, according to the National Police Chief’s Council more awareness of the road rules on smart motorways is needed to improve compliance with them.

Figures published by the BBC indicate that there was an 18% rise in the number of people caught using the hard shoulder illegally between 2014-15 and 2015-16.

In the last financial year there were 1,014 tickets issued by the 38 forces that responded to a freedom of information request, compared with 859 for the previous year.

Ideas under discussion include courses for people who break the variable speed limit, use lanes closed with a red X or use the hard shoulder when it has been closed.

Suzette Davenport from the NPCC said the scheme would help motorists who are confused about when to use the hard shoulder as an extra lane. “I genuinely don’t know that people understand when it is OK,” she told the BBC.

“Absolutely there are people who will now use the hard shoulder if there is a queue of traffic so they get off more quickly because they don’t want to sit in a queue. I’m not sure that would have happened say 15 years ago.”

In response, Lesley Slater, operations and business development director at LeasePlan UK, said it was also up to drivers to take responsibility for their own safety by staying up to date with any new laws introduced.

She added: “Confusion around what is and what is not legal on the motorway is compounded by the fact that drivers are not allowed to drive on the motorway until passing their practical driving test. This is right from a driver safety perspective but as it isn’t mandatory to have an additional motorway driving lesson, this can lead to gaps in knowledge, confidence and experience.”