Home > Insights > Carriers’ Liability on illegal entry to the UK

On February 13, 2023, the Carriers Liability (Amendment) Regulations 2023 took effect, altering regulations and penalties concerning vehicles transporting clandestine entrants into the UK. The government reported an increase in incidents of clandestine entrants being discovered in vehicles, prompting a push to enhance security standards and deter unauthorised entry into the UK.

As of this date, hauliers, encompassing vehicle owners, operators, hirers, and drivers, are required to implement reasonable measures to secure their vehicles against clandestine entrants. The new regulation outlines standard security checks that each responsible person must perform on their vehicles.

Failure to adequately secure vehicles may result in fines of up to £6,000 per responsible person, with vehicle owners and hirers potentially held liable for fines issued to the driver. These fines can be imposed regardless of whether clandestine entrants are discovered onboard.

Furthermore, fines for transporting clandestine entrants have been raised from £2,000 to £10,000 per entrant. Amendments to the Clandestine Entrant Civil Penalty Scheme reflect these increased penalties and specify circumstances where penalties can be reduced, such as compliance with the new regulations or through means testing.

The government is also reintroducing the Clandestine Entrant Civil Penalty Accreditation Scheme, a voluntary compliance initiative offering guidance and support to road transport companies and drivers. Scheme members will benefit from a 50% reduction in civil penalties for breaches of the Carriers’ Liability Regulations.

The new regulation heightens the liability and financial consequences for any haulage company operating in the UK, encouraging a more hands on security policy for hauliers as to avoid the large increase in penalties.

 

 

AssetGo has implemented a new checklist template which is available upon request as an answer to these regulation changes.

Should you wish to discuss this further, please contact us on 03301 744 244 or support@assetgo.co.uk