http://www.truckingmag.co.uk August 2019 TRUCKING 75
Trucking’s law experts at FMGS Law Ltd can help with your legal queries.
Each letter gets a personal reply and confidentiality is guaranteed. Write to:
You & the Law, Trucking, Kelsey Media, Cudham Tithe Barn, Berrys Hill, Cudham,
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Disclaimer: No information in this column shall be construed as actionable legal
advice and information is offered for general information purposes only, based on the
current law when the article was first written. You should always seek advice from an
appropriately qualified solicitor on any specific legal enquiry.Marshall GloverYOUR LEGAL QUESTIONS ANSWERED – FREE!
If a driver believes someone
is hiding in the vehicle before
they enter the UK, then the
driver shouldcontact the police.
A driver must not go through
UK Border Control, or board
transport to the UK, if they
suspect there’s someone hiding
in the vehicle they’re driving.
They should contact the
police in the country they’re in
or speak to Border Control at
the port where they plan to
board. They can alsocontact
Border Forceat the port where
they plan to arrive.
If a driver believes someone
is hiding in the vehicle after
arriving in the UK, the driver
should not approach anyone
hiding in a vehicle. They should
stay in the cab of the vehicle
andcontact the local police.
The police will take the
driver’s details and their
company’s details, and tell
Border Force about the
clandestine entrants.
Both operator and driver
may get letters from the
clandestine entrant civil penalty
team, which is part of Border
Force, asking for information
about the security system in
place on that day.
This information will be used
to help decide who will be fined,
and by how much.
At UK Border Control, a driver
may be interviewed about the
security system they’re using if
clandestine entrants are found
in their vehicle at UK Border
Control, at a port in the UK or
anywhere in Europe.
A driver can refuse to be
interviewed and leave at any
stage, but specific advice
should be sought regarding this.
If you get a fine, then you will
get a form showing the amount
of the fine. You have the right to
object to a fine. You must do
this within 28 days. The ‘Form
IS11’ explains how to object.You have the right to appeal
against a fine to a country
court. You must do this within
28 days of:
■the issue date on your ‘Form
IS11’ if you didn’t object to
the fine
■the date your objection is
decided if you objected to
the fine.Of course, this is a general
overview only, and as stated
above specific advice should be
sought. ■recovering within a realistic
timetable.
Any application for an
adjournment requires a
decision and must be referred
to a traffic commissioner, and
similarly the decision must be
communicated to the party. If
the traffic commissioner
accepts a party’s absence
from the hearing is not the fault
of that party, the general rule is
to not proceed in absence
unless there is a compelling
reason to proceed.
If the traffic commissioner
does not believe the
explanation, reasons should be
given. Where an operator and/or
driver has opportunity to
engage in a professional and
cooperative way, but fails to do
so, then repeated avoidance
may result in the loss of that
operator licence.
Operating regulations
CLANDESTINE
ENTRANTS
Can you please define
what is meant by the term
‘clandestine entrant’ in
relation to goods vehicles?The Border Force has
issued guidance for
operators and drivers in relation
to clandestine entrants. It states
operators and their drivers must
secure vehicles coming into the
UK to stop ‘clandestine
entrants’. A ‘clandestine entrant’
is a person who hides in or on a
vehicle to avoid going through
UK border control.
If you don’t secure your
vehicle and you’re found to be
carrying clandestine entrants
into the UK, you’ll get a fine
(also known as a ‘civil penalty’).
You face a fine of up to £2000
for each clandestine entrant
you carry. The vehicle’s driver,
owner or hirer can be fined.
The law applies to all arrivals
into the UK, including from
European sea ports and on
the Eurotunnel Shuttle. You
must ensure you secure your
vehicle. Both the operator andthe driver can be fined if they
don’t have an effective system
to secure the vehicle, or if it isn’t
used properly.For the operator, an effective
system includes:
■Written instructions for drivers
on how to use the system
■Robust security devices to
effectively secure the vehicle,
load and load space
■Training for drivers on how
to use the system and
security devices
■Givingvehicle security
checkliststo drivers
■Checking drivers are following
the instructionsFor drivers, an effective
system includes:
■Security devices (eg, a
padlock, seals and tilt cord) to
secure vehicles after loading
■Checking the security devices
and vehicle thoroughly after
each stop and before entering
the UK
■Recording checks on
avehicle security checklist