NA Commercial Solicitors

Regulated by the Solicitors Regulation Authority Reg No 441100 www.sra.org.uk          

Principal Solicitor Simon Newman

CLANDESTINE ENTRANTS

This is the term given to people illegally entering the UK by stowing away in your vehicle or trailer.

There are large penalties for both the operators and drivers who are found to have clandestine entrants in their vehicle or trailer.  Whether you knew or intended them to be there is irrelevant. 

The penalty is up to £4,000 per clandestine entrant found in your vehicle (penalty of £2,000 each against the driver and the operator per entrant).  Last year a client of our's had 9 hidden in a trailer, another client suffered a penalty of £15k.     

WHAT CAN YOU DO ?

Under the legislation your only defence is if you meet BOTH of the following criteria :

1. You did not know or suspect there were entrants in your vehicle AND

2. You had an 'effective system' for preventing clandestine entrants which you (and your driver) operated properly at the relevant time

In terms of what is an 'effective system', this is judged against the UK Borders Agency Code of Practice. 

• The system must be a documented (ie written) procedure and a copy must be kept in the vehicle

• Securing your vehicle and regular security checks 

• Effective, detailed checks before boarding a boat to the UK and again before arrival

• Written reports recording all the checks undertaken must be carried in the vehicle

Potentialy ruinous penalties are a common occurence.  Don't let yourself suffer one.  If you are undertaking any international transport then you should ask us to review your systems.  If you have no systems we need to put those in place for you as soon as possible. 

COVER YOURSELF !

If you find yourself on the wrong end of a penalty charge then speak to us as soon as possible to see whether you have a defence or the level of penatly can be challenged.

Broadly speaking, an 'effective system' has to include at least the following :