Hauliers operating to and from the UK face strict obligations to prevent unauthorised individuals from entering the country in their vehicles. Failure to meet these obligations can lead to significant financial penalties, operational disruption and reputational damage.
As such, hauliers need to understand how the UK’s clandestine entrant civil penalty scheme works and what practical steps must be taken by operators should take to stay compliant.
What is the civil penalty scheme?
The UK Government requires anyone responsible for a goods vehicle to take active steps to prevent it from being used for unlawful entry. This includes drivers, owners, hirers and operators.
The scheme applies both at UK borders and at certain control points outside the UK, such as specific locations in northern France.
If a vehicle is found to be insecure, or if a person is discovered concealed within it, those responsible may be fined. We recommend hauliers read the Government Guidance on this topic to ensure that they implement measures effectively.
The financial risk
The penalties involved can be substantial:
- Up to £10,000 per clandestine entrant discovered – The maximum aggregate penalty for all responsible persons per clandestine entrant is £20,000.
- Up to £6,000 for failing to properly secure a goods vehicle, even where no entrant is found – The maximum aggregate penalty (the maximum total penalty payable by all liable responsible persons combined per incident falling within the scope of Section 31A of the Immigration and Asylum Act 1999) is £12,000.
For fleet operators, a single incident involving multiple individuals can quickly escalate into a serious financial exposure. The Level of Penalty Code of Practice provides more information about potential penalties, starting points and the availability of discounts.
When can fines be imposed?
There are two key situations where penalties arise:
- Carrying a clandestine entrant
A penalty may be imposed if a clandestine entrant is found hidden in your vehicle attempting to enter the UK unlawfully (see Section 32 of the Immigration and Asylum Act 1999 for more information).
- Inadequate vehicle security
Even if no one is found inside, Section 32 of the Immigration and Asylum Act 1999 makes it clear that there may still be liability:
“The Secretary of State may impose a penalty on a person responsible for a goods vehicle which has arrived at a place mentioned in subsection (2) if—
(a)on its arrival at that place, the vehicle is not adequately secured against unauthorised access (see subsection (4)(a)), and
(b)the person has not taken the actions specified in regulations under subsection (4)(b) as actions to be taken by that person in relation to the securing of the vehicle against unauthorised access before or during its journey to that place.” – Section 32 of the Immigration and Asylum Act 1999.
Who can be held responsible?
The scheme casts liability widely. Penalties may be imposed on:
- Drivers
- Vehicle owners
- Hirers or operators
- Trailer operators (for detached trailers)
Companies may also be held responsible for the actions of their drivers.
What is expected of hauliers?
The Home Office expects hauliers to take systematic and documented steps to secure vehicles.
This typically includes:
- Conducting regular vehicle checks during journeys
- Using appropriate physical security measures (e.g. locks, seals)
- Keeping written records of inspections and checks
- Following structured procedures for each journey
Drivers can use official checklists to demonstrate compliance that can later be relied upon if a penalty is issued.
What to do if you suspect someone is in your vehicle
The guidance is clear:
- Do not approach the individual
- Contact local police, port authorities, or Border Force
- Do not proceed to the UK border control if you suspect someone is concealed in your vehicle
Failure to act appropriately in these situations may have serious consequences when liability is assessed.
What happens at the Border?
If stopped by Border Force, you may be:
- Asked about your journey
- Questioned on the checks you carried out
- Asked to provide records or evidence of compliance
The information provided will be used to decide:
- Whether a penalty should be imposed
- The level of any fine
Incomplete or missing records can significantly weaken your position.
If a Penalty Notice is issued
If a fine is issued:
- You will receive a formal notice (form IS11)
- Payment is normally required within 60 days
However, you do have options. There are two things you can do:
Amounts may be reduced where you can show:
- Compliance with security requirements
- Membership of the Civil Penalty Accreditation Scheme
- Other mitigating factors, including financial circumstances
As such, it is worth keeping clear records to give you more legal options.
You may:
- Object within 28 days of receiving the penalty
- Appeal to the County Court if necessary
These challenges often turn on the strength of your evidence and the quality of your compliance systems, further highlighting the need for rigorous record keeping.
Vehicle detention
In addition to financial penalties, authorities may detain your vehicle.
Key points of this process include:
- Vehicles may be held until fines and costs are paid
- Delays can disrupt supply chains and contractual obligations
- Prompt action is essential to minimise operational impact
The Civil Penalty Accreditation Scheme
Operators can apply to join the government’s accreditation scheme, which is designed to promote best practice.
Membership requires:
- Effective security systems
- Proper training and oversight of drivers
Accredited operators may benefit from reduced penalties in the event of a breach.
Key takeaways for hauliers
Merely carrying on and hoping for the best is not sufficient for staying compliant. Instead, hauliers need to remember that:
- The regime is strict and preventative
- You can be fined even without knowledge of an entrant
- Record keeping is critical
- Multiple parties can be liable for the same incident
- Strong procedures can significantly reduce financial exposure
How we can help
Seeking expert legal advice is vital for understanding your obligations.
Our transport regulatory team advises hauliers on:
- Responding to clandestine entrant penalties
- Preparing objections and court appeals
- Dealing with vehicle detention
- Strengthening compliance systems and audit trails
If your business has been affected by the civil penalty scheme, or you want to minimise your risk, contact us for tailored advice.
Our specialist team can support you with compliance awareness so that you do not get caught out. Contact James Edes today for help.