The Carriers’ Liability (Amendment) Regulations 2023

Amendments relating to the keeping of records in respect of a commercially operated bus in order to be eligible for a reduction in the amount of a penalty

15.  After regulation 3D (as inserted by regulation 14 of these Regulations), insert—

“Clandestine entrants, reduction in penalty: keeping of records in respect of a commercially operated bus

3E.— (1) For the purposes of section 32(2C) of the Act, the actions 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 driver must have maintained a list of the names of all passengers being carried on the vehicle for the relevant journey.

(3) For the purposes of paragraph (2), a person who gains unauthorised access to a vehicle is not a passenger.

(4) As soon as practicable after taking an action in regulation 3B, the person concerned must have recorded in writing that the action has been taken.

(5) Where the owner, hirer, or, as the case may be, driver ensures an action set out in regulation 3B(2), (3), (4), (5), (6) or (7) is taken by a third party, that person must include with the written record under this regulation evidence to that effect.

(6) In relation to paragraph (5), the evidence may take the form of an endorsement by the third party on the record that they took the action in question.

(7) The driver must have ensured that copies of the written records referred to in paragraphs (2) and (4) (and any related evidence) are kept with the vehicle.”.