RHA has welcomed a major change to the government’s controversial Clandestine Entrant Civil Penalty Scheme (CECPS) which sees fines imposed on drivers found to be carrying illegal immigrants in their trucks cut from £10,000 for every stowaway to zero.
Provided the drivers can prove they have fully complied with the requirements under the CECPS, then they will not be subject to a fine, the Home Office has ruled.
The changes to the rules came into force on 1 January this year, after concerted lobbying from the RHA and push back from a number of operators who have successfully challenged their fines in the courts, such as EM Rogers Transport, which was fined £66,000 in March 2024, despite the driver having carried out all the necessary secrity measures and checks at the border.
A report by the Independent Chief Inspector of Borders and Immigration in April year, which looked at the CECPS scheme criticised it for being under resourced and for unnecessarily penalising drivers who had taken every action to prevent stowaways.
The government accepted most of the report’s seven recommendations, but set a 12-18 month deadline on implementing the improvements, which RHA strongly rejected at the time, calling for the changes to be brought in by the end of 2025.
Richard Smith, RHA managing director said this week: “The government’s Clandestine Entrant Civil Penalty Scheme had been heavily criticised after an independent inspection found poor management, inadequate staffing and training, and disproportionately high fines.
“We urged the government to adopt the Independent Chief Inspector of Borders and Immigration’s recommendations in full, emphasising that drivers and operators need support and proportionate responses when clandestine entrants secure themselves into vehicles.
“We’re encouraged that improvements are being made. As of 1 January, drivers can now expect fines reduced to £0 (from a maximum of £10,000 per entrant) if they can show they followed all prevention procedures.
“We hope this brings an end to drivers being penalised, despite having done everything possible and by the book.
“More improvements are expected as the Home Office progresses the inspectorate’s recommendations.”
