5 Tips on How to Avoid or Reduce Hefty Fines for Transporting Clandestine Entrants to the UK

Introduction

If you are a haulier or a driver transporting goods across the English Channel, you may face a serious risk of being fined for carrying clandestine entrants, i.e. people who hide in your vehicle to enter the UK illegally. The UK government has recently introduced new rules that make it harder for you to avoid or reduce the penalties, which can amount to £10,000 per person. Here is what you need to know and what you can do to protect yourself and your business.

New regulations and increased migration pressure

The UK government has amended the Carriers’ Liability Regulations 2002 by introducing the Carriers’ Liability (Amendment) Regulations 2023, which came into force on 13th February 2023. These regulations increase the maximum penalty for carrying a clandestine entrant from £2,000 to £10,000 per person, and introduce a new penalty for failing to adequately secure a goods vehicle against unauthorised access, which can also be up to £10,000 per person. The regulations also limit the statutory defence for both penalties to duress only, meaning that you can only avoid the penalty if you can prove that you were forced to carry the clandestine entrant by violence or threats of violence.

The new regulations are part of the government's response to the migration crisis at UK ports, which has seen a record number of people trying to cross the Channel in small boats or by hiding in lorries. According to the BBC, more than 29,000 people arrived in the UK by small boats in 2023, a big drop from the 2022 total of 45,755, which was the highest number since figures began to be collected in 2018. The government claims that the new rules are necessary to deter illegal immigration and protect the UK border.

Higher risk and cost for hauliers and drivers

The new regulations have a significant impact on hauliers and drivers, who are now facing a higher risk and cost of being fined for carrying clandestine entrants. The penalties can be imposed on the owner, hirer, or driver of the vehicle, or in the case of a detached trailer, the owner, hirer, or operator. The penalties can also be joint and several, meaning that each person responsible can be liable for the full amount. The penalties are civil, not criminal, but they can still have serious consequences for your reputation, cash flow, and profitability.

The new regulations also make it harder for you to challenge or reduce the penalties, as you have fewer grounds to do so. You can no longer rely on the reasonable excuse defence, which allowed you to avoid the penalty if you could show that you did not know and had no reasonable grounds for suspecting that a clandestine entrant was, or might be, concealed in the vehicle. You can also no longer rely on the due diligence defence, which allowed you to reduce the penalty if you could show that you had taken steps to prevent the carriage of clandestine entrants, such as conducting regular checks, reporting any incidents, and following a code of practice, which is now withdrawn and is no longer government policy. The only defence left is duress, which is very difficult to prove and requires evidence of violence or threats of violence.

5 tips to avoid or reduce hefty fines for carrying clandestine entrants

The best way to avoid or reduce the penalties is to prevent the carriage of clandestine entrants in the first place. This means that you need to take all reasonable measures to secure your vehicle against unauthorised access, check that no one has gained unauthorised access, report any unauthorised access, and keep records to show that you have done so.

Here are some practical tips that you can follow to avoid or reduce the risk of being fined for carrying clandestine entrants:

- Tip 1: Secure your vehicle with appropriate devices, such as locks, seals, and alarms, and check that they are working properly before, during, and after each journey.

- Tip 2: Check your vehicle thoroughly for any signs of tampering, damage, or unauthorised access, especially in areas that are hard to see or reach, such as the roof, the undercarriage, or the load. Use a torch, a mirror, or a camera if necessary.

- Tip 3: Park your vehicle in a safe and secure place, preferably in a designated parking area that is fenced, guarded, and monitored by CCTV. Avoid parking near wooded areas, railway lines, or places where people can easily hide or climb on your vehicle.

- Tip 4: Watch your vehicle at all times, especially when it is being loaded or unloaded, or when you are leaving it unattended. Do not leave your keys in the ignition or the doors unlocked. Do not accept any offers of help from strangers or let anyone approach your vehicle without your permission.

- Tip 5: Keep records of all the actions that you have taken to prevent the carriage of clandestine entrants, such as security checklists, vehicle inspection reports, GPS data, video footage, or driver's statements. Have these records ready to show to the customs officials or the Border Force if they stop or search your vehicle.

If you are issued with a penalty notice, you have 28 days from the date of the notice to object to it. You can object to the penalty notice on the grounds that you are not liable, that the level of penalty is too high, or that you cannot afford to pay the penalty or would suffer financial hardship if you did. You can also request an evaluation of your financial merits, which can lead to a reduction of the penalty based on your income, assets, and expenses. You need to provide evidence to support your objection, such as documents, statements, or witnesses. You can also request a review of the decision by the Secretary of State, or appeal to the County Court.

Contact ZABULIS LEGAL for expert advice and representation

If you are a haulier or a driver who is facing a penalty for carrying clandestine entrants, or if you want to prevent such a penalty from happening, you need expert advice and representation from ZABULIS LEGAL. We are an international legal group with offices in London and Lithuania and have experience in immigration law, and dealing with the Carriers’ Liability Regulations and the Border Force. We can help you to:

• Understand the new regulations and how they affect you and your business

• Implement an effective system for preventing the carriage of clandestine entrants

• Challenge or reduce the penalties if you are issued with a penalty notice, by preparing and submitting your objection, requesting an evaluation of your financial merits, requesting a review by the Secretary of State, or appealing to the County Court

• Represent your interests before the Border Force and the County Court, and negotiate the best possible outcome for you

We offer a free initial call, where you can discuss your situation and understand the next steps you need to take. ZABULIS LEGAL also offers competitive and transparent fixed fees. We are committed to providing high-quality and personalised service to every client, and achieving the best possible results for you.

Don't delay, contact us today at info@zabulislegal.com or book a call here https://calendly.com/vincentas-zabulis/15min and let us handle your case with expertise and care.