New Border Force Checklist for the Prevention of Clandestine Entrants

Smith Bowyer Clarke Road Transport Lawyers have helped hauliers and drivers in the UK and across the EU save hundreds of thousands of pounds in Civil Penalties imposed unfairly by Border Force in relation to clandestine entrants.

Barristers Simon Clarke and Millicent Dooher obtained a ruling from the Court of Appeal in 2022 against Border Force, and our clients have been granted permission to return to the Court of Appeal in relation to Penalties imposed under the introductions of the Carriers Liability (Amendment) Regulations 2023 which limited the defences and increased the maximum penalties.

The Regulations set out very clearly what is expected of a haulier and driver. Consistent across the old and new rules is the requirement to record the checks and to be able to produce this to Border Force officials on demand. This is one of the main failures we see when looking to contest penalties.

In February 2024, Border Force released a new standard checklist which can be found here. Drivers should be trained on the checks contained within this and operators should monitor compliance by auditing completed checklists. It is also advisable to have drivers send a copy of the completed checklist at each stop so there is time stamped evidence of the document being completed.

Currently, both operators and drivers each face Penalties of up to £10,000 per clandestine entrant and it is advisable to take as many steps as possible to protect yourself from penalties.

For advice in relation to Border Force Penalties and Seizures, call our team today for a free initial consultation.