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• ILLEGAL IMMIGRANTS
Page 22
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I frequently cross the Channel and am aware of the threat of illegal immigrants. What would happen if some were discovered in my truck?
The penalty system provides for: • separate penalties for the driver and operator • the replacement of the fixed penalty of £2,000 per stowaway with a variable penalty that has a maximum level of £2,000 per stowaway This law is intended to reflect the amount of negligence by the driver, operator and/or hirer. There is no liability if it can be shown that a driver: • did not know and had no reasonable grounds for suspecting that a clandestine entrant was, or might be, concealed on board his vehicle • there was an effective system in operation in relation to the vehicle to prevent the carriage of clandestine entrants • on the occasion concerned, the person or persons responsible for operating that system did so properly The Freight Transport Association's International Road Transport Guide explains: Where stowaways are found either at UK ports upon arrival or at UK Customs posts abroad, and there is no automatic defence, then the level of penalty is decided by the Immigration Service using The Level of Penalty Code of Practice as a guideline. This requires officers to look at how much effort was made to prevent illegal immigrants being carried. There is scope for a penalty to be imposed anywhere from nothing to £2,000 per stowaway, depending on the efforts made by the company/driver at the time in question.
While drivers and operators are advised to always take advantage of any preembarkation checks available, whether these are CO, or by any other type of equipment, and where possible to obtain written confirmation of such a check, these do not in themselves provide total protection against penalties.
Home Office officials are primarily interested to confirm that companies are operating their own security system based on the Code of Practice. The paperwork supporting such systems should include a checklist to be completed and signed by the driver, and these should be checked and retained in the same way as tachograph charts or maintenance records.