The Carriers’ Liability (Amendment) Regulations 2023

Amendments relating to actions to be taken in relation to reporting unauthorised access to a goods vehicle

7.  After regulation 2C (as inserted by regulation 6 of these Regulations), insert—

“Failure to secure a goods vehicle: actions to be taken in relation to reporting unauthorised access

2D.— (1) For the purposes of section 31A(1)(b) of the Act the actions to be taken by a person responsible for a goods vehicle before or during a journey to a place mentioned in section 31A(2) of the Act in relation to the reporting of any unauthorised access to the vehicle are as follows.

(2) A person responsible for the goods vehicle (“P”) who knows or has reasonable cause to suspect that a relevant event has occurred must, as soon as reasonably possible afterwards and where it is reasonably possible to do so before reaching immigration control, report their knowledge or suspicion to—

(a) the police force of the country or territory in which P is located; or

(b) a person formed or existing under the law of the country or territory in which P is located, exercising functions which—

(i) correspond to those of a police force; or

(ii) otherwise involve the investigation and prosecution of offences.

(3) In paragraph (3), a “relevant event” is—

(a) that the goods vehicle shows signs that a person gained, or attempted to gain, unauthorised access to the vehicle; or

(b) that a person has gained unauthorised access to the vehicle.

(4) At the earliest opportunity upon arrival at immigration control (whether operated at a place in or outside of the United Kingdom), P must report to an immigration officer—

(a) any knowledge or suspicion P may have that a person gained unauthorised access to the goods vehicle during the journey (including any such knowledge or belief arising subsequent to arriving at immigration control);

(b) any damage to the vehicle that, in the reasonable opinion of P, may have been caused by a person gaining, or attempting to gain, unauthorised access to the vehicle; and

(c) any signs of tampering or damage to, or unauthorised repair or replacement of, any lock, seal or other security device present on the goods vehicle that does not fall within sub-paragraph (b).

(5) But P must not take the vehicle to a relevant place, or onto any relevant transporter, if, at any point prior to arriving at the relevant place or going onto the relevant transporter, P has knowledge or suspicion that a person—

(a) gained unauthorised access to the vehicle; and

(b) remains in the vehicle.

(6) In paragraph (5)—

“relevant place” means a place where immigration control is operated outside of the United Kingdom;

“relevant transporter” means any aircraft, train, ship or vehicle embarking for the United Kingdom.”.