Smoking Ban
On 01 July 2007 the Health Act became law in England. It requires all enclosed public places and workplaces to be smoke-free.
The regulations also extend to company vehicles. These are considered extensions of the workplace.
The new Health Act requires all cars and vans to be smoke-free if:
• they are used by members of the public; or
• during the course of paid or voluntary work the vehicle is used by more than one person – even if this is at different times.
If the above conditions are met, all such qualifying vehicles must be smoke-free and display the internationally recognised no-smoking sign. It must be colour and at least 70mm in diameter in England (but 75mm in Wales and Northern Ireland).
There are certain exceptions to the regulations. Company cars are exempt from the smoke-free regulations if they are for the sole use of one person.
Convertible cars are also exempt, but only when the roof is fully retracted. At all other times they must comply.
Private cars used on business are also exempt from the smoke-free regulations, provided business usage is below 50% of the vehicle’s annual mileage. If business mileage exceeds 50%, then the new Health Act applies.
Why is the Health Act being introduced?
The smoke-free regulations are being introduced to counter the harmful effects of second hand or passive smoking. Second hand smoke increases the risk of lung cancer in non-smokers by 24% and the chances of heart disease by 25%.
It is anticipated that thousands of lives will be saved over the next decade through the introduction of smoke-free regulations.
A secondary reason is to provide an environment that is more supportive to those smokers wishing to quit.
Who has responsibility to enforce smoke-free regulations?
The person responsible for managing the company’s fleet of vehicles has a legal obligation to ensure no-smoking signs are displayed in all qualifying vehicles.
The new smoke-free regulations require the driver to prevent someone smoking in a smoke-free vehicle, as well as those with managerial responsibilities for the vehicle fleet.
What are the fines for non-compliance?
For management failure to display no-smoking signs in a smoke-free vehicle there is a £200 fixed penalty fine, which reduces to £150 if paid within 15 days. The maximum fine payable on conviction is £1000.
For smoking in a smoke-free vehicle there is a £50 fixed penalty fine, which is discounted to £30 if paid within 15 days.
For management failure to prevent smoking in a smoke-free vehicle there is a maximum fine of £2500 on conviction.
What about the rest of the United Kingdom?
Wales introduced its version of the Health Act on 02 April 2007, while Northern Ireland introduced smoke-free regulations on 30 April 2007. The regulations are similar to those of England’s Health Act.
Scotland, however, introduced its own workplace ban in 2006. This differs from the regulations governing the rest of the United Kingdom. While it bans smoking in commercial vehicles, this regulation does not apply to company vehicles.
Where can I find no smoking stickers?
The Department for Health will be supplying free no smoking stickers. Companies can register to receive information packs on the new smoke-free regulations by calling 0800 169 169 7.
What are Vehicle Management Companies doing?
We will be putting no-smoking stickers into the driver packs. Production of the stickers is currently in progress.
If I want further information, where should I go?
There is extensive guidance on the internet at www.smoke-freeengland.co.uk.
|
