New smoking legislation impacts vehicles driven for business purposes.. are you in the know?
To make sure you're prepared for the changes coming into force, here are the headlines to give you an outline of the rules, and when they will be implemented.
The UK Health Act 2006 (the Act) on smoke-free vehicles has been law in Scotland since 2006, and becomes effective in the rest of the UK in 2007.
The Key Facts
Smoking will be banned in public premises, including workplaces and company vehicles, which includes cards, vans and goods vehicles used by more than one person. The smoking ban in vehicles will extend to both drivers and passengers. Private cars will be exempt. This information is subject to change and provided for guidance only.
The Government's objectives
Reduce the risks to health from exposure to second-hand smoke
Recognise an individual's right to be protected from harm and enjoy smoke- free air
Increase the benefits of smoke-free enclosed public places and workplaces for people trying to give up smoking, so they can succeed in an environment where social pressures to smoke are reduced
Save lives by reducing both the exposure to hazardous second-hand smoke and overall smoking rates
Implementation Dates
Scotland - a ban on smoking in vehicles used by more than one person was introduced in 2006
Wales - from 2 April 2007 smoking banned in vehicles used by more than one person
Northern Ireland – from 30 April 2007 smoking banned in vehicles used by more than one person
England - from 1 July 2007 smoking banned in vehicles used by more than one person
The law for motor vehicles
Any motor vehicle used in the course of paid or voluntary work by more then one person (even if those persons use the vehicle at different times, or only intermittently) needs to be smoke free and display a no smoking sign.
The following rules apply
Employees who have a company vehicle for their sole use may not smoke while carrying colleagues for work purposes
Employees who have a company vehicle for their sole use may smoke while carrying colleagues to and from a place of work, as these journeys are counted as private use
Drivers will not be allowed to smoke in a company vehicle if it is used by more than one employee, for example, pool cars, as colleagues driving or being a passenger in that vehicle might later inhale their smoke
Employees sharing a pool car will not be allowed to smoke in a vehicle, even if all the users of the vehicle are smokers
A shared company vehicle is exempt from the smoking ban if it is convertible, but only when the roof is down
With apparent ambiguity, fleet managers should err on the side of caution
Signage
Signs in vehicles should display the international no smoking symbol, and the red circle of the sign must be at least 75mm in diameter. The sign must be prominently displayed in each compartment of the vehicle.
A compartment is defined as each part of the vehicle which:
is constructed or adapted to accommodate persons’ and
is, or may from time to time be, wholly or partly covered by a roof
You should ensure your drivers display the sign correctly. The responsibility for ensuring a vehicle is smoke-free rests with the driver and any person with management responsibilities for the vehicle.
Penalties
Smoking
Failure to comply with the Act is a criminal offence. Smoking in a smoke-free vehicle may result in a £50 fine for the individual concerned.
Non-display of sign
For managers in control of any no smoking vehicles, failure to prominently display a "no smoking" sign in a smoke-free vehicle will result in a £200 fine, which can escalate up to £1000.
Prevention
Managers who knowingly fail to prevent smoking in a smoke-free vehicle will face a £2500 fine. Local authorities will enforce the law.
The best way for companies to be compliant with the legislation is to ban smoking totally from all their company vehicles, whether sole use of one driver or shared. Companies should communicate their smoking policy and this legislation to their employees.
Whilst every effort has been made to ensure accuracy of this article, fuelcards.co.uk take no responsibility for any errors in the content or consequences arising from such errors or misinterpretation of the content.
01 May 2007
New smoking legislation impacts vehicles driven for business purposes.. are you in the know?
To make sure you’re prepared for the changes coming into force, here are the headlines to give you an outline of the rules, and when they will be implemented.
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