Who’s liable when AI gets the customs declaration wrong?
The timing is telling
The UK Road Haulage Association (RHA) and British International Freight Association (BIFA) have called on government to change “deeply unfair” rules relating to stowaways found on HGVs, as hauliers and forwarders are being hit with “additional costs, damage to vehicles, and delays”.
A recent inspection by the chief inspector of borders and immigration (ICBI) revealed “a number of flaws” in how the UK Clandestine Entrant Civil Penalty Scheme (CECPS) is managed.
One chief finding was that many drivers and operators had been hit with “huge fines”, despite taking measures to ensure lorries are secure when entering the UK and the RHA’s senior public affairs lead, Ashton Cull, said: “It’s clear to us that the current scheme is failing our industry.
“We regularly hear of hauliers and drivers hit with disproportionate penalties and being caught up in an appeals process which is understaffed and not fit for purpose,” Mr Cull added.
According to the RHA, many UK hauliers feel the burden of protecting against clandestine entrants to the UK has been “entirely passed to them”.
Meanwhile, BIFA said: “Members will know the scheme operators engaged in international road freight sign up to to protect themselves from huge penalties when stowaways are discovered on their vehicles when returning to the UK.
“We have heard many instances of drivers and operators receiving significant fines even when they’ve done everything reasonable to keep their vehicles secure.”
The two groups have published an open letter to home secretary Yvette Cooper calling for more staff, training and technology to deter stowaways, and an “urgent reform” of the CECPS.
The letter reads: “The scheme readily and easily shifts liability onto drivers and operators, but is not equipped to exercise discretion when evidence shows there is no fault or negligence on their part.
“It is vital the scheme works efficiently and effectively to ensure penalties are consistent and fair. We are particularly concerned about the lack of resources for the CECPS team, especially since the 2023 reforms to the CECPS projected more staff would be required to ensure the scheme ran efficiently and effectively.”
The report from the ICBI made seven recommendations, many of which the Home Office has committed to implementing, but BIFA said it had “significant concern” that the 12-18 month time-frame for that implementation is too long, and along with the RHA, said it was confident that Border Force can do this work “in a significantly shorter timeframe”.
The RHA and BIFA are pushing for all the ICBI’s necessary changes to be implemented in full by the end of the year and have asked for supporting signatures from industry stakeholders.
“Every day, drivers and operators who have taken all possible steps to secure their vehicles do not know if they will be fairly treated under the current system. This does not instill confidence, and we hope you agree that the status quo is deeply unfair and cannot continue,” concluded the letter.
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