The Prevention of Clandestine Entrants – Installing an Effective System to Avoid Costly Civil Penalties.
Most international hauliers are aware that they may be hit with high Civil Penalties if one of their drivers brings Clandestine Entrants into the United Kingdom. With both the driver and the haulier each facing fines of up to £2,000 per clandestine immigrant, the total amount which a haulier may be required to pay can be eye-watering – especially given that the responsibility for the payment of the driver’s fine ultimately rests with the haulier. This means that a haulier can be hit with potential fines of up to £4000 per migrant. It goes without saying that this could cause significant damage to the financial health of many hauliers.
There are, of course, other potential consequences which are often not appreciated until much later – A Traffic Commissioner may wish to consider whether the driver of a Large Goods Vehicle or Passenger Carrying Vehicle to whom a civil penalty has been issued remains a fit and proper person to hold a vocational licence. Furthermore, a haulier’s repute may be adversely affected by a failure to follow the Home Office’s Code of Practice on preventing Clandestine Entrants.
You need to be able to demonstrate that you have in place proper systems to prevent migrants accessing your vehicles and, if one of your vehicles is stopped with illegal immigrants on board, that your systems were working effectively at the time.
Smith Bowyer Clarke Road Transport Lawyers provide training on:
- The design and installation of effective systems to prevent clandestine entrants;
- The paperwork (checklists / training manuals etc) you will need;
- The actions drivers must take to identify and prevent migrant access;
- The documentation which must be carried in the cab of the vehicle;
- The information which must be provided to the Border Force if a vehicle is stopped.
At Smith Bowyer Clarke our solicitors and barristers are specialists in Road Transport Law. We have extensive experience assisting operators and drivers. To enquire about our training or for a free no-obligation consultation call us now on 01332 987420.
