The UK government has changed its Clandestine Entrant Civil Penalty Scheme (CECPS) so that fines levelled at compliant hauliers and drivers found to be carrying immigrants in their trucks are reduced from £10,000 to zero, writes Peter Brown.
The change to the rules came into force on 1 January this year, after concerted lobbying and push back from operators who have successfully challenged their fines in the courts.
Now hauliers need to prove that a ‘robust system’ is in place to prevent immigrants boarding trucks and trailers. This includes provision and maintenance of vehicle security, documenting record checks, checklists for each journey, clear instructions on how to secure and record checks, ongoing training and regular driver performance reviews.
Should a haulier suffer three or more instances of stowaways detected in their vehicles within a 12-month period, evidence the prerequisite tests are not being met, or a vehicle is identified as being unsecured on three or more instances within a 12-month period, then membership of the scheme is put under review.
A report by the Independent Chief Inspector of Borders and Immigration in April 2025 looked at the CECPS scheme and 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.
The Road Haulage Association (RHA) has welcomed the change. Its managing director Richard Smith said: “The government’s CECPS 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. Since 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.”
