John Martin RHA OBTAIN CLARITY ON THE CLANDESTINE ENTRANT CIVIL PENALTY SCHEME REQUIREMENTS

Due to concerns raised by a number of RHA members who had received penalty notifications placed on trailers travelling unaccompanied from Ireland to Great Britian the RHA engaged with officials from Border Force to obtain clarity on the application of the Clandestine Entry Civil Penalty scheme protocols.

Initial advice obtained indicated that the scheme applied to all movements of vehicles travelling between the Island of Ireland and Great Britain. Considering the huge impact this would have on internal UK traffic with the high volumes of freight moving from Northern Ireland to Great Britain we challenged this through a local Northern Ireland MP Carla Lockhart who sought clarity from the Minister of State for Immigration Rt Hon Robert Jenrick. Minister Jenrick stated, “the Clandestine Entrant Civil Penalty Scheme does not apply to HGVs, trailers and coaches travelling within the UK directly from Northern Ireland to Great Britain. “However, it does apply to vehicles including unaccompanied trailers making an indirect journey from Northern Ireland to Great Britain, including via Ireland (ROI).

“The application of the Scheme on indirect routes, including via the Common Travel Area, is a necessary measure to counter clandestine migrants seeking to enter the UK by concealing themselves in vehicles. It is therefore only right and proper that we take measures to ensure those responsible secure their vehicles on these routes. More information about the penalty scheme, including vehicle security information and our Civil Penalty Accreditation Scheme for hauliers, can be found at: www.gov.uk/guidance/ clandestine-entrant-civil-penalty-scheme.” Therefore, vehicles that use this routing MUST comply with the Clandestine Civil Penalty schemes new protocols which requires a migrant check list to be completed https:// assets.publishing.service.gov.uk/government/ uploads/system/uploads/attachment_data/ file/1135936/6.8237_BF_Clandestine_ Entrant_Checklist_v4_Print.pdf and the trailer/container have been made secure. The regulations define responsible persons - as owners, hirers and drivers (or in the case of detached/unaccompanied trailers, owners, hirers and operators).

It’s therefore critical any owners, hirers or operators put in place a documented process for drivers to follow if the scheme applies to them or the journey being undertaken.

Drivers must be trained in the application of the scheme with records retained of driver attendance, content of the training and signed and dated. The training should be updated regularly. The operator should obtain copies of the check sheets completed by the drivers on a regular basis to review and ensure drivers are adhering to the requirements with the sheets being retained for a minimum of 12 months as this will be evidence of ongoing compliance with the scheme should there be an incident. The following is a high-level overview of what’s required buts its important to review the requirements through the various links contained within this article.

Secure

Drivers must secure a vehicle when its first loaded.

Secure soft sided vehicles with a tilt cord, passed tightly through all eyelets and winders. Secure the ends of the tilt cord with either a uniquely numbered seal or lock. Record the seal number on the checklist. If the inside of the vehicle is checked during the journey, the driver must reapply the lock, tilt cord or other security device and/or apply a new seal. Secure hard sided and refrigerated vehicles with a seal, lock or other security device. Drivers should have spare seals to reseal the vehicle after each check. Vehicle owners must provide drivers with means of securing the vehicle appropriately, including tilt cord, seals or locks.