Freight drivers and operators need to be more vigilant to ensure that vehicles are properly secured or risk large fines by UK Government.

It’s a common occurrence that the driver of an HGV arriving at a UK port can be selected for security checks by UK Border Force. If the vehicle is found to be unsecure because the rear doors of the trailer have not been secured by a lock, seal, TIR cord or other security device, then the driver has therefore not complied with the requirements laid out in the UK government regulations.

The driver is therefore likely to be held liable for failing to secure a goods vehicle and subject to a large fine.

The owner is also liable for a penalty because they had not ensured that the vehicle was equipped with locks or other security devices.

The maximum penalty levels are significant*

The maximum level of penalty for failing to secure a goods vehicle under section 31A is £6,000 per responsible person per incident. The maximum aggregate penalty (the maximum total penalty payable by all liable responsible persons combined per section 31A of the regulations incident) is £12,000.

Starting point for penalty level consideration*

The maximum level of penalty will be used as the starting point in determining the responsible person’s liability, subject to the following considerations relating to previous liability or involvement in incidents:

• If a responsible person has no record of liability in the five years prior to the incident under consideration, the maximum penalty to be used as a starting point in determining their level of penalty will be £1,500
• If a responsible person has been issued with one penalty in the five years prior to the date of the incident under consideration, the starting point will be £3,000.
• If a responsible person has been issued with two or more penalties in the five years prior to the date of the incident under consideration, the starting point will be £6,000.

Applying discounts to starting point level of penalty*

The following matters will then be considered by the Secretary of State in determining any discount to be applied to the starting point level of penalty:

• 50% discount will be applied to the starting point level of penalty if the responsible person is a member of the Civil Penalty Accreditation Scheme.
• A further 50% discount will be applied to the starting point level of penalty if the responsible person is not the driver and was not present during the vehicle or detached trailer’s journey to the United Kingdom, but they acted to ensure compliance with the Regulations.

The Secretary of State may also consider any other matters the Secretary of State thinks relevant.

Joint liability*

Where a penalty is imposed on a person who is the driver of a goods vehicle pursuant to a contract with the vehicle’s owner or hirer (whether or not a contract of employment), the driver and the owner or hirer are jointly and severally liable for the penalty imposed on the driver (whether or not a penalty is also imposed on the owner or hirer).

*Source: UK Government Code of Practise, Section 31A, Failing to secure a Goods vehicle

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