Truck Drivers Need To Check Their Vehicles For “Clandestine Entrants”

As you are no doubt aware there are numerous attempts by illegal immigrants to gain access to our country by hiding in the likes of trucks and vans to avoid having to pass through UK border control. The UK government refers to these as “clandestine entrants”.

We thought we would highlight the potential implications to the haulage firm and the driver of the vehicle if such people attempt to gain access to the UK in this way using your vehicle and some of the steps the haulage business owner and driver should follow to prevent this happening. After all, we are sure you will agree it is better to be forewarned.

The law relating to clandestine entrants covers every arrival coming into the UK whether that is through the likes of seaports in other European countries and the Eurotunnel Shuttle.

The vehicle must be secured to avoid the above happening. If you do not do so and you are found with illegal immigrants in your truck you will be fined. This is also referred to as a “civil penalty”. The amount of the fine can be anything up to £2,000 for every clandestine entrant found on your lorry and you need to be aware that the owner, driver or hirer of the vehicle can be fined. If you do not pay the fine or there is some doubt that you can pay the fine your vehicle can be detained.

Therefore, it is vital that your company has a reliable system in place for ensuring your vehicle is secure. That includes such measures as: –

• There have to be suitable security devices to ensure the vehicle, load space and load is secure.
• You have to provide the driver(s) with instructions in writing about how to operate the system.
• You must make sure that the instructions given to your driver(s) are being adhered to.
• You must give your driver(s) vehicle security checklists.
• It is a requirement that you have to provide your driver(s) with suitable training about using the security devices and systems.

There is a code of practise about the prevention of clandestine entrants that you should study.

The system that your driver(s) must follow includes: –

• The meticulous checking of the vehicle and the security devices before coming back into the UK and following every stop made.
• Once the vehicle has been loaded, suitable vehicle security devices such as seals, padlock and tilt cord have to be used.
• A record should be kept following every check on a “vehicle security checklist”.
There is a guide that must be studied by each driver called: “How to avoid a penalty: 10 steps to an effective system for drivers”
If the driver suspects that someone has hidden in the vehicle they should make contact with the police, border control or Border Force. If there is anybody hiding in the vehicle your driver should not approach him or her.
We hope that the above is of assistance.