Reduce the fine by 50% – Civil Penalty Accreditation Scheme
09 July 2024
The Clandestine Entrant Civil Penalty Accreditation Scheme recognises HGV and PSV operators who take measures to operate an effective system for securing vehicles and preventing the carriage of clandestine entrants in accordance with the Carriers Liability Regulations 2002 and the Carriers Liability (Amendment) Regulations 2023 (‘the Regulations’).
In February 2023 the fines for clandestine entrants increased to £10,000 per clandestine found on the vehicle. Both the operator and the driver can be fined up to £10,000, making the maximum penalty £20,000 per clandestine entrant.
The starting point, when determining the responsible party’s liability for a fine, is to apply the maximum level of penalty for carrying clandestine entrants and then to apply a discount depending on various factors.
The first factor Border Force consider is whether the operator is part of the Civil Penalty Accreditation Scheme (“the Scheme”). If the operator is part of the Scheme, any fine is reduced by 50%. Therefore if the operator is not part of the Scheme, they will not receive the 50% reduction and will always be fined for carrying clandestine entrants even if the system they have in operation is entirely compliant with the Regulations. Our Dispute Resolution team is in the process of appealing a fine imposed for this very reason. We are generally disputing fines in the region of £60,000.00- £80,000.00.
If you are an operator who undertakes international travel the question to ask is can you afford to pay £30,000.00- £40,000.00 for simply not being a member of the Scheme?
How do I Apply?
The scheme is open to all hauliers and coach companies travelling to the UK.
Having previous incidents of clandestine entrants in a vehicle, does not prevent a company from applying for the Scheme. Any outstanding penalties must be paid before submission of an application to join the Scheme.
If you think your company has an effective and robust system in place, you can apply using the application form. There is no fee for joining the scheme however we recommend that you seek legal advice before making an application. The information you provide will then be assessed by the relevant department and they may need to visit your company premises to discuss your processes.
What happens if my Company does not qualify for the scheme?
If the application is successful, you will be notified, and your accreditation will be reviewed on a regular basis. If your system does not meet the requirements and therefore you do not qualify, you will be notified on what to do to be more compliant. You cannot appeal against the decision, but you can submit further evidence at any time.
Conclusion
If you are an operator undertaking international travel it is crucial that you apply to the Scheme. Membership of the scheme also ensures that you are acting in compliance with the Regulations and will have less incidents of clandestines and, if you do, have less chance of being fined.
Please contract our Dispute Resolution team here if you would like to discuss further.
