Basics

Who is liable: the driver, the owner or the haulier?

The penalty can be imposed on the owner, the hirer or the driver of the vehicle. The company can be jointly liable for the driver's penalty.

3 min read


For the same passenger, Border Force can penalise more than one party. Liability can extend to the owner of the vehicle, its hirer and the driver.

Joint and several liability

The operator (company) is often jointly and severally liable for the penalty imposed on the driver - which means Border Force can pursue the full amount from the company. That is why the combined penalty exposure for a single person can reach £20,000.

For transport companies

It is worth setting out in advance, in contracts and procedures, who covers the penalties and how security checks are documented - this genuinely affects the amount and the allocation of liability.

Frequently asked questions

Will the company pay the driver's penalty?

Often yes - the operator can be jointly and severally liable for the driver's penalty, so Border Force can pursue the amount from the company.

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See also

Sources

This information is general and educational in nature and does not constitute legal advice. Correct as of July 2026. The amounts and procedures relate to the scheme following the changes of 13 February 2023. For your individual case, please contact the firm.