As the RHA has stated on its website, the items on the checklist are checking if load space, outer shell, and other facets are secured against unauthorised access.
The RHA has raised the following issues with respect to the checklist:
- Checking beneath HGVs is not always easy or safe, especially if a vehicle has low axles.
- The section that calls for ‘checks inside vehicle for signs of unauthorised access’ is too vague, as it does not list whether trailers should be empty before loading.
- Some checks would also be difficult to carry out with temperature-controlled vehicles as opening them requires a refrigerated environment.
- Trailers filled with boxes make it impossible to check the roof for signs of forced entry, due to the impossibility of opening the pulling doors while on the road.
The RHA also writes on its website that “penalties can be waived if operators are a member of the Civil Penalty Accreditation Scheme and can demonstrate they have made every effort to follow regulations on securing vehicles.”
However, trans.iNFO disputes this. It is clearly stated on multiple relevant documents on the UK Government website that fines can be “reduced”. There is no reference to the financial penalties being waved in their entirety.
One of the aforementioned documents is the UK Government page offering guidance on the Clandestine Entrant Civil Penalty Scheme. It says the following with regards to firms who are members of the Civil Penalty Accreditation Scheme:
“Companies in the scheme must continue to meet all the requirements to reduce any fines.”
The same document contains a section headed “when your fine may be reduced”. Again, there is no suggestion in the document of any fines being waived entirely.
“If you are fined, you may be eligible for a reduction, as set out in our Level of penalty: code of practice. Circumstances in which you could be eligible for a reduction include where you have complied with our security regulations and where you are member of our Civil Penalty Accreditation Scheme. You may also be eligible for means testing.”
Moreover, the official document concerning amendments to government legislation contains a section headed:
“Amendments relating to checking that a person has not gained unauthorised access to a goods vehicle in order to be eligible for a reduction in the amount of a penalty.”
In order to avoid paying a fine, operators will have to a lodge an appeal against the decision within 28 days following the issue of the penalty. To do this, the N161 form should be used.
For the benefit of those who missed Monday’s news, new Home Office legislation is in force that shall see higher fines for hauliers and drivers who inadvertently transport migrants into the UK.
The maximum penalty payable by a responsible person in respect of a clandestine entrant or concealed person has risen from £2,000 to £10,000. In addition to this, the maximum aggregate penalty has shot up from £4,000 to £20,000.
Moreover, in the event that a goods vehicle is deemed unsecured but no clandestine is onboard, a maximum fine of £6,000 still applies (£12,000 in the case of the maximum aggregate penalty).