An independent review of the Clandestine Entrants Civil Penalty Scheme has been launched.
- Laura Hadzik of JMW law firm will provide insights into the scheme.
- The review aims to assess the penalties imposed on drivers and operators.
- Concerns have risen over penalties despite compliance with regulations.
- Operators face significant fines, prompting calls for better frameworks.
An independent review of the Clandestine Entrants Civil Penalty Scheme has been initiated by the Independent Chief Inspector of Borders and Immigration. The review seeks to evaluate the impact of penalties applied to drivers and operators found with clandestine entrants in their vehicles, a move deemed necessary by legal experts and the transport industry.
Laura Hadzik, leading the contribution from JMW law firm, has been appointed to offer her professional insights into the scheme’s current operations. With significant penalties being a daily reality, she notes that the penalties can reach six-figure sums, burdening operators significantly. “Currently, under the clandestine entrant civil penalty scheme, both driver and operator are liable to a penalty — and operators are responsible for payment of the driver’s penalty as well as their own,” Hadzik remarked, highlighting the existing challenges.
The Court of Appeal’s recent decision in the KLG Trucking case has fortified the Border Force’s authority to impose penalties even when operators comply with regulations concerning vehicle security. This decision has further intensified calls for a comprehensive review, as it enforces a rigid interpretation of rules when determining penalties.
Despite the ongoing efforts of hauliers and coach operators to prevent clandestine entries, questions remain as to what more can be done, as noted by Hadzik. The level of frustration within the industry is palpable, with many operators feeling that they are already doing everything possible to secure their vehicles.
The call for evidence, open until 6 September 2024, suggests a significant window for stakeholders to voice their concerns and offer solutions. Training initiatives, like those from Fleet Source, are already emerging to assist hauliers in avoiding the substantial fines associated with carrying stowaways, demonstrating a proactive industry response.
The review marks a significant step towards addressing the pressing issues faced by operators under the current penalty scheme.
