The challenge of clandestine entrants is a pressing issue within the UK's transport and logistics sector that directly impacts both commercial vehicle operators and the broader framework of UK border control. Clandestine entrants, defined as individuals who seek to bypass immigration control by concealing themselves in vehicles, represent a significant breach of UK immigration laws and pose substantial risks to the safety and security of both the transport system and the nation.

For transport companies, particularly those operating vehicles that cross international borders into the UK, the legal and financial implications of inadvertently carrying clandestine entrants are severe. It is not merely a question of border security but a matter of legal compliance, as the UK government has imposed stringent measures and civil penalties to enforce responsibility among carriers. The aim is clear: to deter illegal immigration and ensure that transport operators maintain the highest levels of vigilance and security.

This heightened responsibility places a significant onus on all commercial vehicle operators to adopt proactive measures to prevent clandestine entrants. This guide aims to demystify the legal framework surrounding clandestine entrants, outline the responsibilities placed on transport companies, and provide guidance on adhering to the UK's rigorous standards to prevent unlawful entry and safeguard against severe penalties.

What Is the Law Surrounding Clandestine Entrants?

The legal obligations surrounding clandestine entrants for UK transport companies are primarily dictated by the Immigration and Asylum Act 1999, and the accompanying clandestine entrant civil penalty scheme. This legislation mandates that all vehicle operators, including commercial hauliers, bus operators, and coach operators, must ensure their vehicles are properly secured to prevent unauthorised access by clandestine entrants.

This legal framework sets out the following responsibilities for businesses:

• Companies must implement and maintain robust measures to ensure their vehicles are adequately secured against clandestine entry. This includes regular vehicle checks before and during transit to the UK.
• Operators are required to keep detailed records of all security checks and provide adequate training for their staff on how to secure vehicles and identify potential breaches.
• Failure to comply with these security obligations can result in substantial fines, calculated per person found to have been illegally carried. The current legal framework sets out clear guidelines for the imposition of these fines, and outlines the circumstances under which they can be challenged or appealed.

Understanding and adhering to these legal requirements is vital for transport companies to avoid severe penalties and to contribute effectively to the UK's border security efforts.

How to Secure Your Vehicle Against Clandestine Entrants

Ensuring that commercial vehicles are secure against clandestine entrants is a critical responsibility for transport operators in the UK. Here are essential steps and practices to secure your vehicle effectively:

Comprehensive vehicle checks:

• Pre-departure inspection: conduct a thorough check of the vehicle before departure. Inspect the exterior and interior for any potential hiding spots or signs of tampering. Pay special attention to areas like the roof, undercarriage and wheel arches.
• During transit: regularly inspect the vehicle during stops en route to the destination. Check that security seals and locks are intact and that no breaches have occurred since the initial inspection.
• Documentation: maintain a detailed log of all security checks, including dates, times and findings. Documentation will demonstrate compliance and can be vital in the event of a civil penalty appeal.

Security devices and technologies:

1. Seals and locks: use high-quality seals and locks on all doors and access points. Consider tamper-evident devices that clearly show if unauthorised access has been attempted.
2. Alarms and sensors: invest in alarm systems and motion detectors that alert drivers to any unauthorised attempts to access the vehicle.
3. CCTV and monitoring systems: utilise CCTV systems for constant surveillance of the vehicle. Ensure cameras cover all angles and that footage is securely stored for future reference.

For more information on what is expected of companies in terms of checks and prevention, please consult the official government guidance, or download and complete the checklist issued by the UK Border Force.

By following these steps, transport operators can significantly reduce the risk of carrying clandestine entrants and demonstrate their commitment to compliance and security. Effective vehicle security is a continuous process that requires diligence, regular review, and a commitment to best practices.

What Fines and Penalties Will I Face For Carrying a Clandestine Entrant?

There is a structured and rigorous system for imposing fines on transport companies that carry clandestine entrants, which is designed to enforce compliance with UK immigration laws. The framework aims to hold transport companies accountable and encourage them to take all necessary precautions to prevent unauthorised access to their vehicles.

The UK Border Force will regularly check for clandestine entrants concealed within vehicles at UK border control points, and during checks within the country. If a clandestine entrant is discovered, the vehicle's owner, operator or driver is immediately notified of the discovery, and the intention to impose a fine:

• If you are found carrying a clandestine entrant, you may face a fine of up to £10,000 for each clandestine entrant found. This applies to businesses and individuals, including tourists.
• If you are driving a goods vehicle that is not adequately secured, you could also get a fine of up to £6,000 even if no clandestine entrant is found. This applies whether you are entering or departing the UK.

A vehicle’s owner, hirer or driver can be fined. For detached trailers, the fine will be imposed on the vehicle’s owner, hirer or operator. Companies may be liable for fines incurred by their drivers.

If you are stopped by the Border Force, you may be interviewed about your journey, the checks you have made to prevent clandestine entrants, and any records you have of those checks, as well as any security devices you use. Providing this information could affect whether or not you are fined, and by how much.

When you are fined, the sum must be paid within 60 days to avoid additional penalties. In some cases, your vehicle may also be detained, and will only be released when all outstanding fines have been paid, plus any costs associated with the detention.

It is possible to object to a fine or lodge an appeal at a county court - this must be done within 28 days. You may also be able to appeal for a reduction in the fine if you can demonstrate full compliance with the relevant security regulations, or that you are eligible for means testing. An application for means testing should be submitted before the date that the penalty must be paid or it will not be considered, unless it is an exceptional circumstance.

It is essential that you take legal advice from a specialist road transport lawyer before paying a clandestine entrant civil penalty, objecting to or appealing the level of penalty. 

The Rising Cost of Civil Penalties

Many of the current rules around clandestine entrants were introduced in 2023, following a rise in the number of reported incidents of detected clandestine entrants arriving in the UK. The clandestine entrant civil penalty rate rose from £2,000 to £10,000, while the £6,000 penalty for failing to adequately secure a vehicle against unauthorised access was introduced with these reforms.

These increased fines serve multiple purposes: they penalise non-compliance more harshly to deter future breaches and encourage road transport companies to maintain the highest security standards for commercial vehicles entering the UK. By understanding this system, transport companies can better navigate the legal landscape, implement effective security measures, and reduce the risk of incurring penalties, at a time when the national government and local police are paying closer attention to this matter than ever.

What Is the Civil Penalty Accreditation Scheme?

The Civil Penalty Accreditation Scheme is an important element of the UK's approach to preventing clandestine entrants. It is designed to assist and incentivise commercial vehicle companies in enhancing their security measures to prevent unauthorised access to their vehicles.

The scheme offers a form of recognition to companies that maintain high levels of security against clandestine entry. By complying with the standards set out in the scheme, companies can show that they have taken all reasonable measures to secure their vehicles and prevent clandestine entrants. Participation in the scheme is voluntary but highly recommended, as it can lead to significant benefits in terms of penalty mitigation and operational assurance:

• Reduced penalties: companies accredited under the scheme may receive significantly reduced penalties if clandestine entrants are found in their vehicles. This reduction reflects the company's commitment to security and compliance, even if there has been a breach.
• Demonstration of compliance: accreditation serves as evidence that a company has implemented effective security measures. This can be beneficial not only in dealings with UK Border Force, but also in maintaining the company’s reputation and client trust.
• Best practice and guidance: the scheme provides comprehensive guidance on security practices, to help companies to establish or improve their procedures for preventing clandestine entry. This includes checklists, training resources, and updates on best practices.

To be eligible for the Civil Penalty Accreditation Scheme, companies must demonstrate that they have effective systems in place for vehicle security and staff training. This includes regular vehicle checks, proper documentation of security procedures, and ongoing staff education on the risks and prevention of clandestine entry.

The application process involves submitting evidence of these practices and undergoing an assessment by the UK Border Force. Companies that meet the standards are granted accredited status, which is subject to periodic review to monitor ongoing compliance.

The Civil Penalty Accreditation Scheme represents a partnership between the transport sector and border authorities and aims to enhance the UK's border security while supporting compliant businesses. Companies interested in applying for the scheme can do so here.