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Posted By Bob S
I have been reading all I can find on smoking legislation in England, Wales, Scotland and Northern Ireland.
The wording of actual or proposed regulations is different and open to interpretation. (Do we really need four sets of regulations?)
It seems that a privately owned car on company business does not need to be smoke free. In England a company owned car used privately need will not need to be smoke free if the employee has a right to use it privately which is not restricted to a particular journey?
Has anyone got experience of interpreting vehicle smoking bans and writing policies for the UK?
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Posted By Jonathan Breeze
Bob,
I'm not sure about the following statement in all cases:
"It seems that a privately does not need to be smoke free."
In the event of an existing car sharing policy, then a privately owned car on company business would need to be smoke free.
We have now had to amend our car sharing policy to restrict it to "non-smoking vehicles".
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Posted By Jonathan Breeze
Missed out the following from my quote:
"...owned car on company business..."
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Posted By Bob Shillabeer
Hi,
The Smoke-free Premises etc. (Wales) Regulations 2007 (the only current ones available)state that a vehicle shall be smoke free if it is used a) for transporting members of the public or a section of the public (whether or not for reward or hire; or b) for work purposes by more than one person. However, Regulation 4 states that the Regulations do not apply to private vehicles. However if the private vehicle is used for work purposes it must be smoke free due to it being used for work purposes Regulation 4(1)(b)applies. Simple.
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Posted By Ron Hunter for shame! Wales is not the only set available! See http://www.clearingtheairscotland.com/Yes a private or company car is exempt in law. However, the employer can stipulate that, where the employee is in receipt of a payment or other allowance for use of the vehicle for work purposes, and whilst carrying passengers for the purposes of work, then he the passengers shall refrain from smoking. In other words, the intention is that everyone has a right to a 'smoke free' workplace. Such matters are usually stipulated within the Organisations Smoking Policy or other Workplace Rules.
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Posted By Bob S
Thanks for the replies.
The Smoke-free Premises etc. (Wales) Regulations 2007 4.4.c states "This regulation applies to all vehicles other than - private vehicles".
I agree we will have to write our own policy on this but it must comply with all four sets of regulations. As I minimum I think it should ban smoking in company cars and private cars whilst being used at work and carrying a passenger. People will smoke in their cars if they wish when used privately, so a smoker's car will always smell of smoke. Hire cars can be smoke free at all times and this is likely to be required by the hire company.
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Posted By Bob Shillabeer Suitably rebuked, forgot the older Scotland stuff. But to help there is a douwloadable sign in the stuff published by the Welsh Assembly which can be accessed by typing in www.smokingbanwales.co.uk/english/index.php?nID=21 in your search engine and going to guidance and signage part. The signs are downloadable.
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Posted By Jonathan Breeze Bob S. Whilst the Wales Regulations do not apply to private vehicles, that is in fact not the whole story and risks selective misinterpretation. The Guidance Note published by www.smokingbanwales.co.uk says on page 6 that not-withstanding this: "The smoke-free legislation covers vehicles which are used to transport the public or which are used by more than one employee in carrying out work duties - even if this use is at different times or only intermittently." As our management were keen to avoid becoming case law, we took the option I have previously stated.
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