Hauliers driving into the UK from any other European country can face a fine of up to £2,000 per person if they are found to be carrying a stowaway – or clandestine entrant – in their vehicle.
Sean Joyce, a regulatory and transport law partner at Stephensons Solicitors LLP, defends businesses who are facing fines for allowing clandestine entrants to travel into the UK in their commercial vehicles. The term ‘vehicles’ can include cars, caravans, coaches and rail freight as well as large heavy goods vehicles HGVs.
He said: “A clandestine entrant is someone who enters the UK concealed within a vehicle to avoid border controls. Typically more than one entrant is found within a vehicle, so the financial impact on a business facing a fine could be crippling. The driver, the employee and the person hiring the vehicle could all be fined individually.
“But there are defences to the penalty, such as being able to prove you did not know, or had reasonable grounds not to suspect there was someone concealed in the vehicle. Likewise having an effective system in place for preventing the carrying of clandestine entrants and showing that this was operating properly at the time could also be a good defence.”
The following top ten tips are aimed at helping hauliers and drivers to minimise their risk when it comes to travelling in and out of the UK.
1: Watch the loading - drivers should, where possible, watch their vehicle being loaded so they can be sure no one enters it at this stage.
2: Secure your vehicles – the UK Border Agency advises drivers to secure their vehicles using a padlock, seals and tilt cord and to check vehicles after each stop, physically pulling the security devices to ensure they are intact, looking underneath the vehicle, on top of it and under the windbreaker.
3: Look for hiding places - the most common hiding points on a HGV include the windbreaker, the cab, within the load, on the load. When carrying out checks, include these areas and also check if the tilt cord for damage. Often they will be cut and then glued back together by those seeking to get into the trailer.
4: Make a record - record checks on a company vehicle security checklist and conduct one final check before entering the port area.
5: Inform your drivers - haulage companies are encouraged to give their drivers full written instructions on the checking system which the company follows.
6: Give drivers security - hauliers should also provide adequate security equipment to enable the driver to secure the vehicle.
7: Training - drivers should be provided with training in how to use the checking system and how to use the security equipment so there is no doubt. Employers should monitor the compliance of drivers by methodically checking the security checklists.
8: Be vigilant – if as a driver, you suspect your security device has been tampered with, speak to a UK Border Agency Officer or the Police.
9: Port parking – clandestine entrants who are looking to gain entry to the UK will specifically look for UK vehicles. Deter them by parking up facing away from the port, to give the appearance that you are travelling elsewhere.
10: Facing a fine – if you are unlucky enough to have a clandestine entrant make their way onto your vehicle, and are now facing action by the UK Border Agency, contact a legal specialist for advice on how to best protect your interests.
Stephensons has a team of specialist lawyers which advises hauliers and their drivers in relation to illegal entrants. For more information contact them by calling 01616 966 229.
ENDS
Notes to editors
- Stephensons is a North West law firm with a network of offices across Greater Manchester, Merseyside and Cheshire. The award-winning firm has 30 partners and almost 400 staff, offering a range of legal services to individuals and businesses.
- For more information, visit www.stephensons.co.uk.
Media information: Lianne Tracey, PR Executive
Stephensons Solicitors LLP
Tel: 01616 966 229
Email: Lianne.tracey@stephensons.co.uk