# The Carriers’ Liability (Amendment) Regulations 2023, Regulation 14: Amendments relating to reporting unauthorised access to a vehicle other than a goods vehicle in order to be eligible for a reduction in the amount of a penalty


After regulation 3C (as inserted by regulation 13 of these Regulations), insert—
“Clandestine entrants, reduction in penalty: reporting unauthorised access to a vehicle other than a goods vehicle
3D. (1) For the purposes of section 32(2C) of the Act, the actions a person responsible for a clandestine entrant concealed in a vehicle, including any attached trailer, other than a goods vehicle, must have taken in order to be eligible for a reduction in the amount of a penalty under section 32(2) of the Act are as follows.
(2) A person responsible for a clandestine entrant (“P”) who, at any point before or during a relevant journey, knew or had reasonable cause to suspect that a relevant event had occurred must, as soon as reasonably possible afterwards and where it is reasonably possible to do so before reaching immigration control during the relevant journey, have reported their knowledge or suspicion to—
(a) the police force of the country or territory in which P was located when that knowledge or suspicion arose; or
(b) a person formed or existing under the law of the country or territory in which P was located when that knowledge or suspicion arose, exercising functions which—
(i) correspond to those of a police force; or
(ii) otherwise involve the investigation and prosecution of offences.
(3) In paragraph (2), a “relevant event” is—
(a) that the vehicle showed signs that a person gained, or attempted to gain, unauthorised access to the vehicle; or
(b) that a person gained unauthorised access to the vehicle.
(4) At the earliest opportunity upon arrival at immigration control (whether operated at a place in or outside of the United Kingdom) during the relevant journey, P must have reported to an immigration officer—
(a) any knowledge or suspicion P may have had that a person gained unauthorised access to the vehicle during the journey (including any such knowledge or belief arising subsequent to arriving at immigration control);
(b) any damage to the vehicle that, in the reasonable opinion of P, may have been caused by a person gaining, or attempting to gain, unauthorised access to the vehicle; and
(c) any signs of tampering or damage to, or unauthorised repair or replacement of, any lock, seal or other security device present on the vehicle that does not fall within sub-paragraph (b).
(5) But P must not have taken the vehicle to a relevant place, or onto any relevant transporter, if, at any point prior to arriving at the relevant place or going onto the relevant transporter, P had knowledge or suspicion that a person—
(a) gained unauthorised access to the vehicle; and
(b) remained in the vehicle.
(6) In paragraph (5), “relevant place” and “relevant transporter” have the same meaning as in regulation 2D.”.

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Source: https://www.legislation.gov.uk/uksi/2023/29/regulation/14 (the official version)
Page: https://openlegislation.uk/carriers-liability-amendment-regulations-2023/regulation-14
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.