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On 13 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 new fines have started to trickle through and have increased substantially. We have seen circumstances where operators have been fined £24,000.00 for just three clandestine entrants on their vehicle.
What can you do to avoid fines?
The starting point in calculation of the fine is the maximum level of penalty for carrying clandestine entrants, to determine the responsible parties liability and applying a discount where appropriate.
When determining the first discount, Border Force considers 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%
This is a significant reduction. In the example provided above, the operator would have received no fine had they been part of the Scheme and fully complaint with the Carriers Liability Regulations (below)
The Scheme has no joining fee, but we recommend you obtain legal guidance before making an application and providing the relevant evidence.
The second discount applied (up to 50%) is operator compliance with the Carriers Liability (Amendment) Regulation 2023 (“the 2023 Regulations”)
Following the amendment to the 2023 Regulations, Border Force are considering the following factors when deciding on the level of fine. Each of the below points is considered to assess whether it has been complied with when considering the level of fine that should be issued, or whether it should be issued at all.