Fines Removed for Compliant Hauliers Carrying Stowaways

Introduction

The government’s Clandestine Entrant Civil Penalty Scheme (CECPS) has been a critically important concern for transport operators and drivers, as it imposed substantial fines on those found carrying illegal immigrants in their vehicles. Recent changes to the scheme aim to address criticisms regarding fairness and enforcement, making it essential for transport professionals to understand the updated rules and their implications.

Key Changes to the CECPS

From 1 January 2024, drivers who can demonstrate full compliance with the CECPS requirements will no longer face fines for carrying clandestine entrants. Previously, fines could reach up to £10,000 per stowaway. The Home Office has confirmed that compliant drivers will have their fines reduced to zero.

This change follows extensive lobbying by the Road Haulage Association (RHA) and legal challenges from operators such as EM Rogers Transport, which was fined £66,000 despite the driver having completed all necessary security checks at the border.

Background and Criticism of the Scheme

A report published in April 2023 by the Independent Chief Inspector of Borders and Immigration criticised the CECPS for being under-resourced and for penalising drivers who had taken all reasonable steps to prevent stowaways. The report made seven recommendations aimed at improving the scheme’s management, staffing, training, and penalty structure. The government accepted most of these recommendations but initially set a 12 to 18-month timeline for implementation. The RHA opposed this delay, calling for the changes to be introduced by the end of 2025 at the latest.

Industry Response and Future Developments

Richard Smith, Managing Director of the RHA, welcomed the recent changes, stating that the scheme had been heavily criticised for poor management and disproportionately high fines. He emphasised the need for support and proportionate responses for drivers and operators when clandestine entrants are found in vehicles. Smith expressed hope that the reduction of fines to zero for compliant drivers would prevent unjust penalties and indicated that further improvements are expected as the Home Office continues to implement the inspectorate’s recommendations.

Mi Compliance Insight

Transport operators and drivers should ensure they fully understand and adhere to the CECPS requirements to avoid penalties. Maintaining thorough records of all prevention measures and security checks is essential to demonstrate compliance. Staying informed about ongoing updates to the scheme will help operators manage risks effectively.

For further guidance or support on compliance matters, transport professionals are encouraged to Contact Mi Compliance.

Source: https://motortransport.co.uk/industry-news/fines-slashed-to-zero-for-compliant-hauliers-found-to-be-carrying-stowaways-in-trucks/89187.article