The transport industry, especially when moving goods across borders, must continually adapt to changing regulations and security measures. This is particularly important when transporting goods to or through the UK. 

In our first article, What are the dangers and prevention opportunities for carriers when carrying cargo to the UK? we outlined the key areas that transport companies need to focus on to ensure safe and compliant operations when moving goods to and from the UK. As part of our ongoing commitment to helping transport companies stay ahead of regulatory changes, we believe it is essential to provide easy access to the latest updates from the UK Border Force. 

In February 2023, UK Border Force introduced a series of updates to the Clandestine Entrant Civil Penalty Scheme, which directly impacts transport companies operating at the UK border. The updated procedures impose stricter requirements on transport operators and drivers, with significant financial consequences for non-compliance. 

For many businesses, especially smaller carriers, these changes could be financially devastating, putting additional strain on an already challenging industry. 

Hence, it is crucial that the transport companies are familiar with how the penalties administered by Border Force have changed under the new regulations. The key changes are as follows: 

1️⃣ Significant increase in penalties

Under the new rules, even a single occurrence of clandestine entry can result in a penalty of £10 000. This is a significant increase from the previous version of the scheme, whеre the fine was £2000. Here we wish to emphasize that the driver and operator are both liable to a penalty and the operator is responsible for payment of the driver’s penalty as well as their own. 

2️⃣ Further on, greater responsibility for security

If your vehicle is found to be inadequately secured, you could face a fine of up to £6,000, even if no illegal migrants are discovered. This applies whether you are entering or departing the UK, placing further responsibility on transport operators to ensure their vehicles are thoroughly checked and compliant with the security requirements. The update aims to strengthen border security and reduce the risk of people being smuggled into or out of the country.

3️⃣ Complete Checklists

Driver must maintain a checklist for each journey, documenting each security measure taken, such as the use of seals. The checklist must include the specific seal numbers used to secure the vehicle. After every break, the driver is required to check the interior of the trailer and replace the seal, unless a customs seal has been fitted, in which case the customs seal cannot be removed. Once the inspection and any necessary seal replacement are completed, the driver must record the new seal number on the checklist. This step ensures that there is an up-to-date log of the vehicle’s security status. It is recommended that at least three checks are conducted before the vehicle reaches any port in England.

Fine Reduction

A new ‘Level of penalty: code of practice’ introduced by UK Border Force now includes a system of discounts that transport companies can claim to reduce the penalties imposed.  

Here are the key discounts that can be claimed:

1️⃣ Previous penalties 

If the driver and/or operator have not received any previous penalties for carrying clandestine entrants, this can potentially reduce the penalty amount. However, the operators must prove that they were in complience with the required measeruments. 

2️⃣ Financial circumstances – Financial means assessment 

The driver’s and operator’s financial situation can be taken into account. If they can demonstrate financial hardship, this may influence the penalty level. The responsible person (typically the operator or a director of the company) must write to the Secretary of State to formally request that means testing be applied to their case. The request must be supported by appropriate documentation that demonstrates the financial circumstances of the individual(driver) or company 3 months prior the incident – bank statements, wage slips, balance sheets, etc. These documents will offer a detailed picture of the company’s financial background and its ability to pay the penalty. 

3️⃣ Membership of the Clandestine Entrants Civil Penalty Accreditation Scheme 

The companies who are members of the Clandestine Entrants Civil Penalty Accreditation Scheme can benefit from a 50% discount on the imposed penalty, provided they meet the scheme’s conditions. By joining the accreditation scheme and proving compliance with these strict requirements, operators position themselves to not only avoid full penalties but also strengthen their defence if a penalty is imposed. 

In conclusion, for many transport companies meeting these new demands can be overwhelming. At Cargofort, we understand theese challenges transport companies face. With our expertise and extensive experience in representing cases across the industry, we can help you navigate the complexities of the new regulations and protect your material interests against unnecessary penalties. From securing the right documentation to providing ongoing compliance support, we offer the guidance and resources necessary to ensure that your business remains fully compliant, protected, and on track.