Clandestine entrant penalty scheme: check and secure your vehicle
Published 4 April 2023
© Crown copyright 2023
This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwise stated. To view this licence, visit nationalarchives.gov.uk/doc/open-government-licence/version/3 or write to the Information Policy Team, The National Archives, Kew, London TW9 4DU, or email: psi@nationalarchives.gov.uk.
Where we have identified any third party copyright information you will need to obtain permission from the copyright holders concerned.
This publication is available at https://www.gov.uk/government/publications/clandestine-entrant-penalty-scheme-check-and-secure-your-vehicle/clandestine-entrant-penalty-scheme-check-and-secure-your-vehicle
Unaccompanied trailers
Implications for unattended trailers
If the trailer is being towed by a goods vehicle at the time of an incident, the same rules apply as for any other goods vehicle. This means that the owner, hirer and driver could be liable for a penalty either for carrying a clandestine entrant or failing to adequately secure a goods vehicle.
If the trailer is not being towed at the time of an incident – in other words, if it is a detached trailer – the same rules apply as for any other detached trailer. This means that the owner, hirer and operator could be liable for a penalty either for carrying a clandestine entrant or failing to adequately secure a goods vehicle.
For all unaccompanied trailers, we would first contact the company/entity listed as operating the trailer, whether on the road consignment note (CMR) or registration documents. They would then have an opportunity to show us who was responsible for the trailer at the time of the incident. We would then undertake any further necessary inquiries.
Liability for unaccompanied trailers
Who is liable for a penalty depends on the circumstances.
If you are a:
- driver who has dropped off an unaccompanied trailer at a port outside the UK
- driver who picks up an unaccompanied trailer when it arrives in the UK
we would first contact the company/entity listed as operating the trailer, whether on the road consignment note (CMR) or registration documents. They would then have an opportunity to show us who was responsible for the trailer at the time of the incident and we would then undertake any further necessary inquiries. If a driver was not found to be responsible for the trailer at the time of the incident, they would not be fined.
If you are the owner of the goods contained in an unaccompanied trailer:
If the owner of goods contained in an unaccompanied trailer is not also the owner, hirer, driver or operator of the trailer, they will not be liable for a penalty. A person or company would only be liable for a penalty if they own, hire, drive or operate the unaccompanied trailer.
Sealed trailers
Making checks and complying with customs
We do not expect anyone to undertake checks that would involve breaking a customs seal. A person who is responsible for carrying out checks should endorse their records to indicate any checks they were not able to carry out due to the presence of a customs seal.
Resealing your trailer
If further checks show that no person has gained unauthorised access to the vehicle, drivers must again effectively secure their vehicle using security devices and maintain a record of their checks. We recommend drivers are issued with multiple seals or other security devices.
Tilt cords
Effectively securing a load space or cargo against unauthorised access means securing it with a lock, seal or other security device. If the vehicle is of curtain-sided construction, it means securing it with a TIR cable or strap which is taut and which passes through all related eyelets. The TIR cable or strap must be secured by lock, seal or other security device to the vehicle. If these devices can’t be used, other methods to secure a load space or cargo can be used, but you must make sure they effectively secure the load space or cargo against unauthorised access.
Completing checks safely
Checking vehicles with low axles
We would expect a driver to undertake checks that are reasonable in the circumstances. We would not expect a driver to undertake any checks that could be unsafe.
Checking the roof and load compartment
Drivers are not expected to climb up to check the roof of their vehicles. They can inspect the roof from inside the vehicle, where possible. We do not expect anyone to climb on top of their vehicle to check the roof.
If it is not possible to open a temperature-controlled load, preventing the driver from checking the vehicle roof from inside for signs of unauthorised entry, the driver should take a note of why it was not possible to do so.
Drivers can use poles and mirrors or mobiles to check the load compartment and roof. It is a matter for each responsible person to decide how they will complete the checks they are required to carry out in accordance with the new security standards.
Final checks
Drivers should carry out final checks as soon as practicable before reaching immigration control. Exactly where these checks are carried out will depend on what is reasonably practicable in the circumstances.
A driver is not expected to recheck the vehicle whilst it is waiting for a ferry/train but if a driver suspects that a person may have gained unauthorised access to their vehicle, they must tell the police or Border Force and must not board the ship or shuttle to the UK.
More information
More information is contained in the guidance on preventing clandestine entrants leaflet and the clandestine entrant civil penalty scheme guidance.
You can download a vehicle security checklist to help secure your vehicle.