Guidance

Civil penalty accreditation scheme

Updated 3 May 2023

1. Introduction:

The Clandestine Entrant Civil Penalty Accreditation Scheme recognises those hauliers who take measures to operate an effective system for securing goods vehicles and for preventing the carriage of clandestine entrants. It also recognises those coach companies that run an effective system in the prevention of clandestine entrants.

The scheme is open to all hauliers and coach companies travelling to the UK.

The scheme is free to join.

2. Benefits:

• Civil penalties may be issued to both drivers and hauliers for the offences of failing to secure a goods vehicle and for the carriage of clandestine entrants. Members of the Home Office Accreditation Scheme may benefit from a reduction in the penalty amount that may be levied for those offences.

The discount that may be applied to members of the Scheme is 50% from the maximum penalty starting point for each offence. (Level of penalty code of practice (publishing.service.gov.uk)).

• Those who run an effective system are less likely to encounter incidents involving clandestine entrants. Clandestine entrant incidents can often lead to damaged goods and delays at the Border.

• Details of Accredited parties are placed onto the You.Gov website.

3. What is an ‘effective system?’

We assess effectiveness of the system operated by a company across 5 separate areas. For a system to be considered effective, the responsible company must meet the following requirements in these areas. These are:-

3.1 Provision of and maintenance of vehicle security:

• Provide every driver with enough locks or uniquely numbered seals for use on the journey to ensure that the vehicle can remain secured at all times.
• Provide every driver of a soft sided vehicle with a TIR cable or strap that is in good working order.
• Keep a record of all the security devices issued to each driver, detailing how many were issued and when they were issued.

3.2 Provision of a document to record checks:

• Provide every driver with an adequate number of checklists that enable the standard checks for each journey to be recorded.
• Keep a record of the number of checklists issued and the date they were issued to each driver.
• Maintain copies of completed checklists for a period of 6 months.
• Ensure the checklist enables all the checks required under the Carriers’ Liability (Amendment) Regulations 2023.

The Home Office provide a checklist for companies to give to their drivers that covers all the requirements of the Carriers’ Liability (Amendment) Regulations 2023. (Vehicle security checklist: road transport companies and drivers - GOV.UK (www.gov.uk)). We recommend that you issue drivers with this checklist.

3.3 Driver instructions:

• Provide every driver (including temporary drivers) with a set of instructions in their own language specifically detailing:
  • how to secure the vehicle,
  • how to record and complete checks on the vehicle
  • how to complete and retain the checklist
  • what to do in the event that the driver suspects clandestine entrants are present on the vehicle.
• These instructions should be readily accessible to the driver during their journey and can be either in paper or digital format. If in digital format, any device should be charged and switched on to enable this.

3.4 Driver training:

Training is separate to the provision of instructions. Training should be a specific event that enables the drivers to interact with a trainer and provides the opportunity to ask questions. Training is not providing a copy of the above set of instructions to the driver.

• Provide every driver (including temporary drivers) with initial training in how to secure a goods vehicle and how to prevent clandestine entrants in accordance with the Carriers’ Liability (Amendment) Regulations 2023.
• That training is to include a knowledge check to ensure driver understanding of that training.
• Keep a record of that training which details the names of those trained, when they were trained, the location of the training, the details covered, knowledge check results.
• Provide refresher training once in a 6 month period. This training should again enable drivers to interact with a trainer and provide an opportunity to ask questions. It can however be a shorter session than the original training delivered and centre around reminding drivers of their responsibilities in the prevention of clandestine entrants.

3.5 Reviewing driver performance:

• Collect from every driver completed records of checks made upon the conclusion of the journey.
• Review those checklists within 30 days to identify any errors or omissions.
• Have a system in place for addressing errors / omissions.
• Create a record of how errors / omissions have been addressed with a driver.
• Maintain records under this system and completed records for a period of 6 months.

4. Previous clandestine entrant incidents:

Having previous incidents of clandestine entrants in a vehicle, does not prevent a company from applying for the Scheme.

Any outstanding penalties must be paid by their required due date before submission of an application to join the Scheme. Failure to pay penalties by their required due date may cause delays to your application. Where there is a live objection or appeal, the payment date is on hold and therefore this falls outside of this requirement.

If membership to the Scheme is granted, any membership discount will only be applied to incidents on or after the date of acceptance into the Scheme.

Where there have been incidents:

• Any penalty levied in these cases will stand at the same amount. A membership reduction will not be granted retrospectively.
• Where a decision is yet to be reached on any case, the penalty amount will reflect the membership status at the time of the incident.

We will review the details of cases within the last 5 years and the evidence of the system operated in those cases to assist with our decision whether to grant an application. If there have been improvements to the system operated since those cases, this should be documented in the Application Form.

5. How to apply to join the scheme:

Please complete the Application form (Application to join civil penalty accreditation scheme - GOV.UK (www.gov.uk)) and submit the requested evidence to the email address detailed on that form.

6. Application outcome:

We will provide written confirmation of the outcome of an application.

Where an application is granted we will provide a certificate of membership and place the company name on the You.Gov website.

Where an application is refused, we will provide reasons why the application was rejected and areas where the system operated could be improved.

If an application is refused, a period of 3 months must lapse before a further application to join will be considered.

We accept applications submitted by a third party on the applicant’s behalf. We do however, require permission from the applicant for us to correspond with that third party. This can be granted on this form. (Application to join civil penalty accreditation scheme - GOV.UK (www.gov.uk)).

7. Membership reviews, suspensions and removal from the scheme:

Once membership is granted, this continues unless otherwise notified.

We reserve the right to conduct a review of a member of the Scheme at any time.

Specific events where a review may be conducted:

• Where the company have had 3 or more instances of clandestine entrants detected in their vehicles within a 12 month period.
• Where there is a clandestine entrant incident in a company vehicle and there is evidence to suggest that the company is not meeting the requirements of the scheme.
• Where any company vehicle is identified as being unsecured on 3 or more instances within a 12 month period.

If we conduct a review, we will write to the scheme member and ask them to resubmit an application form, along with the required records. If we identify that the member has failed to maintain the standards required, we will remove them from the scheme and explain where the member needs to improve.

All members of the scheme must pay any penalties they receive by the required payment date.

Failure to do so will result in an immediate suspension of membership for a period of 28 days. The membership discount does not apply during any suspension period.

If payment is still not received after that 28 day period, the member will be removed from the Scheme.

Once a member has been removed from the Scheme, they will no longer benefit from the membership discount to any penalties they receive.

If a company is removed from the scheme, a period of 3 months must lapse before an application to re-join will be considered.

8. What happens when clandestine entrants are detected in a vehicle belonging to a scheme member or a company vehicle is identified as unsecured?

The member is liable for a penalty and assessment of the penalty level will be considered in line with the ‘level of penalty code of practice’.

9. Further support:

We are able to provide advice and support to companies on how to effectively secure a goods vehicle and prevent clandestine entrants and operate a telephone and MS Teams appointments system.

To request a call over the telephone or via MS Teams, please email BF.CPAS@homeoffice.gov.uk.

Please notify us of any reasonable adjustments you may require.

Further guidance on securing vehicles and recording checks can also be found here. (Preventing clandestine entrants - GOV.UK (www.gov.uk))

Further guidance on the standard checks and security requirements is detailed in The Carriers’ Liability (Amendment) Regulations 2023 (legislation.gov.uk)

Our privacy information notice can be found on Gov.Uk.