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From 2 April in Wales and 1 July in England and Northern Ireland, it will be an offence to smoke or to permit smoking in all enclosed public spaces and workplaces, including vehicles used for work. The law applies to affected vehicles irrespective of their place of registration or the nationality of the driver—e.g. the Welsh ban will apply to work vehicles entering Wales from England after 2 April.

What does the law say about vehicles?

The law will require certain categories of vehicle to be "smokefree". These vehicles will have to carry no-smoking signs and it will be illegal to smoke in them at any time.

 

Which vehicles will have to be smokefree?

All vehicles that are used at work by more than one person will have to be smokefree at all times, even if this use is at different times or only intermittent. Almost all commercial vehicles, vans, company cars and pool cars will therefore have to be smokefree.

 

Which vehicles will not have to be smokefree?

Privately owned vehicles will not have to be smokefree unless the business use exceeds private mileage and they sometimes carry passengers on work trips. Company vehicles used exclusively by a single employee at work, or never used for work mileage, will also be exempt.

 

Can my partner or I smoke while on private trips in a company vehicle?

Only if you are the sole user of the vehicle while at work. If you carry passengers while at work, or if the vehicle is driven by colleagues, it will have to be smokefree at all times.

 

I drive a convertible - can I smoke?

Yes, but only while the top is folded and stowed.

 

I share a work vehicle with a smoker. Can we smoke?

No. Smoking will only be permitted in work vehicles that are for the sole use of the driver and are not used by anyone else for work either as a driver or passenger.

 

Do I have to have a no-smoking sign in my car even though I don't smoke?

All smokefree vehicles will need to display a no-smoking sign, irrespective of whether the driver or passengers are smokers. This must show the international no-smoking symbol at least 70mm in diameter:

What about the offence of permitting smoking?

Anyone who "manages or controls" smokefree premises and vehicles will be responsible for ensuring that they become and remain smokefree. If you are the driver of a smokefree vehicle in which someone lights up, you should ask them to stop smoking.

 

What will the penalties be?

Drivers who ignore the smokefree rules will be liable to a fixed penalty of £30 (£50 if not paid within 29 days). Companies that do not display no-smoking signs will be liable for a fixed penalty of £150 (£200 if paid late). The maximum fines if cases go to court will be:

 

• Smoking in a smokefree vehicle—£200

• Failure to display no-smoking signs in vehicles—£1,000

• Companies failing to prevent smoking in a vehicle—£2,500

 

Disclaimer The information provided  in this guide is for general information purposes only and is correct to the best of the publishers` knowledge, the Car Leasing Centre nor the author can be held responsible for any actions or consequences arising from acting on or refraining from taking any course of action as a result of reading this guide.

You can get more information from

 

www.smokefreeengland.co.uk

 

www.smokingbanwales.co.uk