The Home Office recently announced that it is in planning to release a consultation on proposals which would mean that the fine for carrying a
clandestine would increase by more than a third. It would mean also that the maximum fine for each clandestine found in an HGV could rise to almost £3,000.
In 2012-13, over 900 HGV drivers were fined for entering the UK via the Port of Dover with stowaways on board. This is an increase on the previous year but the figure is down from the 2008-09 figure of over 1500.
There is a defence to incurring a civil penalty. To rely on the defence an operator/driver must demonstrate the following:
- They did not know, nor had reasonable grounds to suspect, that clandestine entrants were concealed in the vehicle;
- An effective system was in place for preventing the carrying of clandestine entrants;
- That the system was being properly operated at the time.
- Jared Dunbar, of Dyne Solicitors, comments that “for a company, an effective system to secure a vehicle should include:
- Written instructions for drivers on how to use the system;
- Robust security devices to effectively secure the vehicle, load and load space;
- Training for drivers on how to use the system and security devices;
- Giving vehicle security checklists to drivers;
- Checking that drivers are following the instructions.
- Drivers should:
- Make sure they have adequate security devices (e.g. a padlock, seals and tilt cord) to secure vehicles after loading;
- Check the security devices and vehicle thoroughly after each stop and before entering the UK;
- Record their checks on a vehicle security checklist.”
- Jared Dunbar, of Dyne Solicitors, comments that “for a company, an effective system to secure a vehicle should include:
