S.31A penalty: Failure to Secure Vehicle. Penalty Reduction to £350.00 for Each Responsible Person.

This European Haulier had received civil penalties under s.31A of the Immigration and Asylum Act: failing to properly secure the vehicle where no clandestine entrants were found. A notice of objection was submitted on behalf of both Company and Driver. Following this, the penalties were reduced to approximately £350.00 for each.

The new legislation, implemented in January 2023, has allowed for penalties to be imposed on Drivers and Owner/Hirers even where no clandestine entrants are found. The penalties for each have a maximum of £6,000.00. Where the Company remains jointly and severally liable for the driver’s penalty, this can put the Companies liability up to £12,000.00.