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EU newcomers are most at risk from stowaways
Page 20
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British operators have been dealing with the problem of Dover-bound stowaways for years, but how are Eastern European operators new to the cross-Channel market faring? Bridget Carter investigates.
he problem of stowaways is all too familiar to UK and overseas operators who are regulars on the cross-Channel run. But hauliers and drivers from states that joined the EU in 2004, such as Poland and the Czech Republic, are new to the precautions needed to deter stowaways and avoid swingeing UK fines.
UK operators, in particular, h ave been forced to become stowawaysavvy thanks to the government's civil penalty scheme that came into effect in early 2000 and was later revamped. Currently, a driver and his corn pany can each be fined up to £2,000 per stowaway.The penalty is likely to be a lot lower if the company and driver can prove serious attempts had been made to exclude unwanted passengers.
Jane George, partner at legal firm Rothera Dowson, reports that the number of stowaway fines has been creeping up again in the past few months following a relative lull, and Eastern European hauliers the main culprits —or victims.
"Some get sold down the river," she says. "Few are from the UK now;they are more foreign hauliers, generally from eastern Europe."
Often a haulier caught with stowaways on board believes he is safe because he has complied with his national laws. In fact this is no protection in the UK, although in cases of smuggling goods, rather than people, it can offer the chance of a legal challenge.
Don Armour, manager, international fleet management. at the Frei gh t Transport Association,says the rules surrounding stowaways are very much a topical issue in the new EU countries,and in applicants waiting in the wings such as Romania and Bulgaria.
He agrees that it is the countries with relatively little experience delivering to the UK that are not doing enough to prevent stowaways entering vehicles; possibly because they are not yet aware of how strict the UK laws are.
Turkey falls foul
"I was in Istanbul and people from Turkey's haulage association were saying that one of the things on their agenda was what Turkish operators can do not to fall foul of the Home Office penalty system when they come to the UK," he says.
"For the people who don't come over here very often, usually nothing happens Then they find a couple of illegal immigrants and they get clobbered. All of a sudden it is horrendous because they haven't even heard of the system. never mind acted upon it. They jump up and down when it's too late.
Armour says the FTA has alerted the International Road Transport Union (IRU) to the problem; it can then refer other national trade associations to the Home Office's Code of Practice. Essentially, this requires operators to be able to show they have a system in place to keep out stowaways.
Tim Ridyard at law firm Barker Gotelee advises foreign hauliers to join the Home Office accreditation scheme, which will help them set up systems to prevent access to the vehicles — or at least cut the penalty if stowaways are found.
And the good news is. according to the Home Office, the number of immigrants arriving in the UK from Calais has dropped significantly. Figures for January to September 2005 show an 87% decline in the number of illegal immigrants found in Kent compared with the influx in 2002. •