The Carriers’ Liability (Amendment) Regulations 2023

Amendments relating to interpretation

3.  In regulation 2—

(a) number the existing paragraph as “(1)”;

(b) in the renumbered paragraph (1)—

(i) after the definition of “clandestine entrant”, insert—

““commercially operated bus” means a motor vehicle constructed or adapted to carry more than eight seated passengers in addition to the driver that, at the relevant time, is used for carrying passengers for hire or reward in the course of a business of carrying passengers;

“driver”, in the case of a detached trailer, includes operator;”;

(ii) in the definition of “penalty notice” for “the notice” substitute “a notice”;

(iii) after the definition of “notice of objection” insert—

““relevant journey” means the journey during which the clandestine entrant for which the person in question is responsible became concealed in the vehicle;”

(iv) at the end, insert—

““seal” means a mechanism or tag that is secured to a means of entry on a goods vehicle to prevent unauthorised access;

“secured by an optimal method” means secured, so as to prevent unauthorised entry, by use of—

(a)

a lock, seal, or other security device; or

(b)

where the vehicle is of curtain-sided construction, a TIR cable or strap that is taut and passes through all related eyelets, provided that the TIR cable or strap is secured by lock, seal or other security device to the vehicle;

“the standard checks” are the checks listed in paragraphs 1 to 12 of the Schedule;

“TIR cable or strap” means a cable or strap of a design that is in accordance with the specifications set out in Annex 2 to the Customs Convention on the International Transport of Goods Under Cover of TIR Carnets (Geneva, 14th November 1975)(1).”;

(c) after paragraph (1), insert—

“(2) In the definition of commercially operated bus, the “relevant time” is—

(a) any time during a journey to a place mentioned in section 31A(2) of the Act; or

(b) any time during a relevant journey.

(3) A lock or other security device is inherent to a vehicle if it was installed during the manufacture of the vehicle.

(4) A vehicle is of curtain-sided construction if it has a rigid floor and roof but walls that incorporate a retractable fabric construction so as to allow access to the vehicle’s cargo.”.

(1)

Cmnd. 9032.