BIFAlink


Policy & Compliance


• Fines and penalties, • Bad press publicity.


BIFA is aware that TT Club has worked with


the BSI publishing a StopLoss briefing on the subject called ‘Clandestine Migration’. Also, Border Force created the civil penalty accreditation scheme for hauliers – www.gov.uk/government/collections/civil- penalty-accreditation-scheme-for-hauliers. The latter scheme, which is open to both UK and EU operators, helps road transport companies and their drivers secure their vehicles to stop ‘clandestine entrants’. Some of the procedures for preventing


clandestines entering trucks are over-reliant on checklists, etc. However, much of the guidance is relatively pragmatic and easy to follow. Drivers, on returning to a vehicle, should be instructed to check for signs of any tampering with the vehicle, TIR cord or the curtain-sides of the trailer. In addition, drivers should check, if possible, behind wind deflectors and in panniers, etc. Border Force requires checklists to be completed; these are important because they do have a certain evidential importance.


People smuggling is back in the headlines


People smuggling is on the rise and is likely to remain an ongoing issue, particularly for drivers. However there are pragmatic and easy-to-follow measures that can be taken by vehicle drivers to deter clandestines


People smuggling is once again raising very significant concerns within the supply chain. The issue was highlighted by the tragic deaths of 39 Vietnamese migrants, including 31 men and eight women, the youngest being 15 years old, who were found in the back of a refrigerated lorry in Grays, Essex on 23 October 2019. Since then there have been various headlines


in the trade press indicating high levels of clandestine activity trying to break into lorries in order to enter the UK illegally. Recent statistics show that 86% of all recorded clandestine incidents involved road freight movements. The clandestine movement of people is


controlled by highly organised criminal gangs who know that the simplest method of moving people across frontiers is by hiding them in legitimate freight transport. The demand to move


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goods quickly, reduced inspection levels in Europe, the use of vulnerable curtain-side trailers and, some would argue, the over-reliance on risk assessments based on IT in part, create the environment in which this crime can operate.


The problems The main problems caused by clandestine activity are: • Threats of violence to drivers and the risk of injury,


• The risk of death, in particular to the migrants, • Delays and disruption at ports, due to roadblocks as created in Calais by migrants,


• Potential long delays when vehicles are seized and, in certain cases, destroyed by authorities,


• Extra cost and contractual disputes arising from delay,


Pragmatic measures Other pragmatic steps include parking in well-lit areas and, if possible, so that the vehicle is facing away from the port, or nose to tail, or backed-up to a wall to protect the rear doors more effectively. Regarding the loading, if possible, the driver


should oversee the loading of the vehicle and check cargo to ensure its security. Also, cargo should be tightly packed to prevent voids where clandestines can hide. In addition to using high quality padlocks and


seals on TIR cords, consideration should be given to installing other equipment including listening devices, cameras, etc, which are thought to deter and detect activity. The other important point is that if a driver


suspects that a person has gained access to his or her vehicle, the guidance is that they should immediately advise the relevant authorities. This includes customs/border force officials, ferry and/or port officials. In the UK we have been advised that police


should be contacted on either 999 or Crimestoppers, which is 0800 555 111. The migrants should not be confronted by the driver. In all probability this will be an ongoing


problem due to wider global problems, but the supply chain will have to be vigilant and take reasonable steps to ensure the security of its vehicles and the integrity of the cargoes carried within them.


April 2020


www.bifa.org


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