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ESC – European Shippers' Council

Consultation on UK Civil Penalty Regime

The UK proposes to improve the civil penalty regime to prevent clandestine entrants. This will affect the transport sector.

A clandestine entrant is defined as a person who passes, or attempts to pass, through UK immigration control concealed in a vehicle and arrives in the UK. Clandestine activity from France to the UK in freight transport negatively affects efficiency and leads to delays and losses due to damaged goods. The current penalty regime applies a minimum standard that no longer guarantees the required level of security. When reasonable measures are not taken to secure and check vehicles before arrival in the UK, a penalty of up to £2,000 may be imposed on each person responsible for each clandestine entrant carried in the vehicle. There is, however, no reward for those that have taken additional steps to guarantee vehicle security.

Since vehicle security is vital in Northern France, it is important that legislation stimulates this security by punishing those that do not comply. Therefore, the UK wants to improve the civil penalty regime by strengthening the codes of practice. The aim is to modernize the current regime to incentivize operators to secure their vehicles and reduce the clandestine threat.

As the requirements of the new regime should be clear and structured, a consultation with the haulage and goods transportation sectors is arranged. Additionally, the UK also would like to hear their views on how the industry should be rewarded when greater efforts are made to guarantee vehicle security.

This article was posted on April 27th, 2016 by ESC under News