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Transport & Regulatory Law Solicitors » Coach & Bus Transport Industry » Illegal Immigration – How To Protect Your Business
Illegal Immigration
How To Protect Your Business
Probably the best “defense” against illegal immigration cases is to operate coaches! (Instead of trucks – HGV trailers being the favourite target for clandestine entrants). But even PSV operators are not immune from targeting, so desperate are some would-be stowaways. Illegal immigration is a serious issue for transport operators – including coach operators – carrying out international work, but one that can be managed if approached in the correct way.
The rules are strict and the applicable Code of Practice sets out how vehicles should be secured and what steps an operator and its drivers need to take (including what records need to be made). Operators should ask themselves: do I know what to do if one of my drivers believes there is a stowaway onboard? It can be extremely difficult to defend illegal immigration “stowaway” cases unless the correct systems are in place and perhaps more importantly one can prove that they were followed properly and the correct records made.
Fines for non-compliance can run into hundreds if not thousands of pounds, to say nothing of the time and effort that has to be expended in order to defend and pay for associated claims.
The Government provides some information in its leaflet “Secure your Vehicle to Help Stop Illegal Immigration” but if you think your business might be vulnerable because you don’t know what systems or records you should have in place, then you should contact Pellys Transport & Regulatory Law as we have the legal experience to help protect your business.
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In a Section 19 Public Inquiry hearing heard last year (2023) the Traffic Commissioner highlighted again the importance of permit operators ensuring that their vehicles allow passengers and other road users to be safe.
by Emma PellyCampaign to Bar Schools from using Section 19 Permits
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In a Section 19 Public Inquiry hearing heard last year (2023) the Traffic Commissioner highlighted again the importance of permit operators ensuring that their vehicles allow passengers and other road users to be safe.
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In a Section 19 Public Inquiry hearing heard last year (2023) the Traffic Commissioner highlighted again the importance of permit operators ensuring that their vehicles allow passengers and other road users to be safe.
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In early 2022 the Department of Transport (DfT) launched a consultation into the Driver Certificate of Professional Competence (DCPC) regime, following a review undertaken in late 2021 on the driver shortage issues.
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During 2021 and 2022 the government ran a review into the Traffic Commissioner Function in the UK. The report into this review was published at the end of May 2023.
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Under-Secretary of State for Transport, Richard Holden has urged members of the coach and bus industry to respond to the government’s call for evidence (CfE) in a key review on the Public Services Vehicles Accessibility Regulations (PSVAR) which were introduced in 2000.
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There is a specific exemption within the Public Service Vehicles Accessibility Regulations (PSVAR) which applies to vehicles used in accordance with Section 19 of the Transport Act 1985; in other words, those operated under a Section 19 permit: so PSVAR does not apply in these cases.
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This revision gives a total of 29 revisions to the various checks that DVSA officers would be expected to carry out during any roadside checks they undertake.
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