In this third and final entry to The Carriers Liability Regulations 2002 we explore the regulatory safeguards against the offences of failing to secure and carrying clandestine entrants.
Throughout the Regulations, there is reference to the driver of the vehicle completing “the standard checks” but what are they, and why does the driver need to complete them?
What are the standard checks?
The standard checks are set out in the Schedule to the Regulations and are, in effect, a list of 12 specific items which the driver of the vehicle must check before they start or resume a journey. Although the checks are especially important before travelling through the immigration control zone, they should be carried out every time the vehicle stops in transit.
The main point of these checks is to ensure that the vehicle and its cargo are secured against unauthorised access and that nobody has made, or attempted to make, unauthorised access.
Without reproducing the full checklist here, some of the key checks include ensuring that the load space is secure and that the means of securing it is free from signs of tampering or defect. Also checking the roof and undercarriage of the vehicle, the inside of the vehicle and load space, and any external compartments and wind deflectors are free from signs of unauthorised access.
Why complete the standard checks?
The standard checks are considered the most effective means of determining whether a vehicle is secure from unauthorised access and assuring the driver that no such access has been gained to the vehicle or cargo space.
Notwithstanding this, the Regulations require the driver to complete these checks every time they have stopped and an opportunity for unauthorised access arises. Failure to complete these checks can therefore expose the driver to penalties or risk their entitlement to any reduction in penalty. As the owner/hirer is jointly liable for the drivers' fines, it makes it even more important to ensure drivers are aware of the checks and how to properly complete them.
Keeping records of your checks
Carrying out the required checks is only part of the process. The Regulations also require operators and drivers to keep records showing that those checks and other prescribed security measures have been completed.
Recording your checks – it’s not just a formality
Adequate record keeping falls within the ‘specified actions’ required by the Immigration and Asylum Act 1999, mean a driver could be stopped for an inspection which finds no clandestine entrants, and a completely secure vehicle, but the absence of adequate record keeping demonstrating the checks taken can still place them at risk of a penalty being issued.
These Regulations impose significant obligations on hauliers and others operating through immigration control zones by road, rail, sea, or air. Given the potential for substantial penalties, it is important to understand the requirements and ensure that appropriate procedures, training, and record-keeping measures are in place.
Taking advice where necessary and implementing robust compliance processes can help minimise risk and place your business in the strongest possible position when undertaking cross-border operations.