1

A person (“the carrier”) shall not be liable to the imposition of a penalty under section 32(2) if he has a defence under this section.

3A

It is also a defence for the carrier to show that—

a

he knew or suspected that a clandestine entrant was or might be concealed in a rail freight wagon, having boarded after the wagon began its journey to the United Kingdom;

b

he could not stop the train or shuttle-train of which the wagon formed part without endangering safety;

c

an effective system for preventing the carriage of clandestine entrants was in operation in relation to the train or shuttle-train; and

d

on the occasion in question the person or persons responsible for operating the system did so properly.

6

Where a person has a defence under subsection (2) in respect of a clandestine entrant, every other responsible person in respect of the clandestine entrant is also entitled to the benefit of the defence.