The Carriers’ Liability (Amendment) Regulations 2023

Amendments relating to checking that a person has not gained unauthorised access to a commercially operated bus in order to be eligible for a reduction in the amount of a penalty

12.  After regulation 3A (as inserted by regulation 11 of these Regulations), insert—

“Clandestine entrants, reduction in penalty: checking that a person has not gained unauthorised access to a commercially operated bus

3B.— (1) For the purposes of section 32(2C) of the Act, the actions that a person responsible for a clandestine entrant concealed in a commercially operated bus, including any attached trailer, must have taken in order to be eligible for a reduction in the amount of a penalty under section 32(2) of the Act are as follows.

(2) The owner, or, as the case may be, hirer, of the vehicle must have ensured that each seal to be used on the vehicle during the relevant journey was distinguished by a number that is unique amongst the seals used on the vehicle.

(3) The owner and the hirer must have ensured that—

(a) all means of entry to the vehicle; and

(b) all storage compartments, whether located inside or outside of the vehicle, and spaces accessible from the outside of the vehicle,

were able to be secured against unauthorised access by a lock or other security device for the relevant journey.

(4) The owner, or, as the case may be, hirer, and the driver must have ensured that all locks and other security devices inherent to the vehicle, the function of which is to prevent unauthorised use of, or access to, the vehicle were in good working order for the relevant journey.

(5) The driver must have ensured that, during the relevant journey—

(a) the vehicle was locked when left unattended; and

(b) all storage compartments on the vehicle were locked when not in use.

(6) The driver must have taken reasonable care to ensure that, when passengers boarded or alighted from the vehicle during the relevant journey, no person gained unauthorised access to the vehicle at that time.

(7) The driver must have taken reasonable steps to ensure that, when loading or unloading baggage or other belongings during the relevant journey, no person gained unauthorised access to the vehicle at that time.

(8) The driver must have used all locks and other security devices inherent to the vehicle, the function of which is to prevent unauthorised use of, or access to, the vehicle, appropriately and with reasonable care.

(9) As soon as practicable before reaching immigration control during the relevant journey, the driver must have—

(a) checked that all passengers are present;

(b) checked that no person has gained unauthorised access to the vehicle; and

(c) locked all toilets, storage compartments and any space accessible from outside of the vehicle, and kept them locked until the vehicle had passed through immigration control unless required to open the space by an immigration officer.”.