The alert regarding organised crime groups targeting HGV drivers to facilitate the smuggling of migrants across UK borders highlights an expanding area of criminal enforcement.
Both individual drivers and their employers in the HGV and PSV industries may be subject to significant legal repercussions if found to have aided unlawful entry into the UK, whether intentionally or as a result of negligence.
Under the Immigration and Asylum Act 1999 and related statutes, individuals convicted of knowingly assisting unlawful immigration may incur substantial fines, asset confiscation, and custodial sentences of up to 14 years. Furthermore, even in cases lacking deliberate involvement, failure to implement reasonable vehicle security measures can lead to civil penalties of up to £10,000 per migrant, as well as considerable reputational and operational consequences.
To minimise exposure to these risks, logistics and passenger transport companies and drivers are advised to establish comprehensive vehicle security protocols, provide ongoing staff training, and maintain transparent reporting procedures for any suspicious activities or attempted interference. Immediate notification to the authorities is strongly recommended if drivers encounter attempts at targeting.
The starting point, when determining the responsible party’s liability for a fine, is to apply the maximum level of penalty for carrying clandestine entrants and then to apply a discount depending on various factors. Border Force consider whether an operator is a member of the Civil Penalty Accreditation Scheme and if this is the case any fine is reduced by 50%.
If your operation undertakes international travel it is crucial to make an application to join the Clandestine Entrant Civil Penalty Scheme, which recognises HGV and PSV operators with effective systems for vehicle security and prevention of carriage of clandestine entrants in accordance with the Carriers Liability Regulations 2002 and the Carriers Liability (Amendment) Regulations 2023. Being a member of the scheme also ensures compliance with the Regulations and have less chance of being fined.
There is no fee for joining the scheme, although you may wish to take legal advice on making the application to ensure the necessary processes are in place.