Regulation 8 Amendments relating to actions to be taken in relation to the keeping of records in respect of a goods vehicle

After regulation 2D (as inserted by regulation 7 of these Regulations), insert—

“Failure to secure a goods vehicle: actions to be taken in relation to the keeping of records

2E.

(1)

For the purposes of section 31A(1) of the Act, the actions to be taken by a person responsible for a goods vehicle before or during a journey to a place mentioned in section 31A(2) in relation to the keeping of records to establish that other actions specified in these Regulations have been taken are as follows.

(2)

As soon as practicable afterwards, the owner, or, as the case may be, hirer, must record in writing—

(a)

that they have ensured that actions set out in regulation 2B(2), (3), (5), (6) and (7) and 2C(3) (as applicable) have been taken; and

(b)

any signs noted by the person taking those actions that a person has gained, or attempted to gain, unauthorised access to the goods vehicle.

(3)

As soon as practicable afterwards, the driver must record in writing—

(a)

that they have ensured that the actions set out in regulation 2B(4), (7) and (8) and 2C(2), (3), (4) and (5) (as applicable) have been taken; and

(b)

any signs noted by the driver that a person has gained, or attempted to gain, unauthorised access to the goods vehicle.

(4)

Before a journey, the persons responsible for the goods vehicle must ensure that all numbers used for seals on the vehicle are recorded in writing.

(5)

Where a seal used on the goods vehicle is broken or replaced, the persons responsible for the goods vehicle must, as soon as practicable afterwards, ensure that the following information is recorded in writing—

(a)

the number of the broken seal;

(b)

the number of the replacement seal;

(c)

the time and date on which the seal was broken (if known);

(d)

the time and date on which the replacement seal was installed;

(e)

where it has been reported to an immigration officer that a seal on the goods vehicle has been broken, the time and date on which it was reported.

(6)

Where a person (“P”) responsible for the goods vehicle ensures an action set out in regulation 2B(2), (3) or (4) or 2C(3) is taken by a third party, P must take all reasonable steps to include with the written record under this regulation evidence to that effect.

(7)

In relation to paragraph (6), the evidence may take the form of an endorsement by the third party on the record that they took the action in question.

(8)

The driver must ensure that a copy of the written records referred to in paragraphs (2), (3), (4) and (5) (as well as any related evidence) are kept with the goods vehicle.”.