The Carriers’ Liability (Amendment) Regulations 2023

Amendments relating to actions to be taken by each person responsible for a goods vehicle in relation to securing it against unauthorised access

5.  After regulation 2A (as inserted by regulation 4 of these Regulations), insert—

“Failure to secure a goods vehicle: actions to be taken in relation to securing a goods vehicle against unauthorised access

2B.— (1) For the purposes of section 31A(1)(b) of the Act, the actions to be taken by a person responsible for a goods vehicle before or during a journey to a place mentioned in section 31A(2) of the Act in relation to the securing of the vehicle against unauthorised access are as follows.

(2) Before a journey, the owner, or, as the case may be, hirer, must ensure that each seal used on the goods vehicle is distinguished by a number that is unique amongst the seals used on the goods vehicle.

(3) Where the goods vehicle is equipped with a TIR cable or strap, the owner, or, as the case may be, hirer, must ensure that the TIR cable or strap is in good working order before the vehicle begins any journey.

(4) Before a journey, the driver must ensure that—

(a) where the vehicle has a load space that is enclosed (wholly or partly) by an outer shell or by a fabric cover, all cuts, tears or other damage in the outer shell or fabric exceeding 25cm in length are repaired to a standard sufficient to prevent unauthorised entry; and

(b) the standard checks are performed.

(5) Where the goods vehicle has a means of entry to its load space that is not able to be secured by an optimal method, the owner, or, as the case may be, hirer, must, before a journey, take all reasonable steps to ensure that the means of entry is able to be secured against unauthorised access by another method.

(6) Where the goods vehicle has a cargo that is not able to be secured by an optimal method, the owner, or, as the case may be, hirer, must, before a journey, take all reasonable steps to ensure that the cargo is able to be secured against unauthorised access by another method.

(7) Before a journey, the driver and either the owner, or, as the case may be, hirer, must ensure that all locks and other security devices inherent to the vehicle, the function of which is to prevent unauthorised use of, or access to, the vehicle, are in good working order.

(8) During a journey, the driver must ensure that all locks and other security devices inherent to the vehicle, the function of which is to prevent unauthorised use of, or access to, the vehicle, are used appropriately and with reasonable care.”.