The Carriers’ Liability (Amendment) Regulations 2023

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

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

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

3C.— (1) For the purposes of section 32(2C) of the Act, the actions a person responsible for a clandestine entrant concealed in a vehicle, including any attached trailer, other than a goods vehicle or 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 driver must have ensured that, during the relevant journey—

(a) all access points to the internal areas of the vehicle were locked whenever the vehicle was left unattended, where possible to do so; and

(b) all storage compartments on the vehicle were locked when not in use whenever the vehicle was left unattended, where possible to do so.

(3) The driver must have ensured that, during the relevant journey, all alarms fitted to the vehicle were active whenever the vehicle was left unattended.

(4) The driver must have taken reasonable care during the relevant journey to prevent any keys allowing access to the vehicle being used by a person to gain unauthorised access to the vehicle.

(5) 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.

(6) The driver must have used those locks and other security devices appropriately and with reasonable care during the relevant journey.

(7) The driver must, as soon as practicable before reaching immigration control during the relevant journey, have checked that no clandestine entrant was concealed in the vehicle.”.