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Smoking in a work van
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johnmurray  
#1 Posted : 20 May 2012 12:26:38(UTC)
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johnmurray
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martinw  
#2 Posted : 20 May 2012 19:12:21(UTC)
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martinw
And? Have you posted this because you think that the result is wrong? You are not allowed to smoke in work vehicles. If you get the 'ticket' he got and do not pay it there are rising penalties. Your point?
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Ron Hunter  
#3 Posted : 20 May 2012 20:04:58(UTC)
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Ron Hunter
First prosecution for what is a fairly commonplace breach of a "newish" law-c.f. wearing of seatbelts: mandatory since 1982, but non-compliance is commonplace by white van man.
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johnmurray  
#4 Posted : 21 May 2012 06:39:58(UTC)
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johnmurray
Why did I post it. Hmmmm... Perhaps because non-compliance is very common ? And maybe because the person concerned brought the high fine upon himself ?
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Lawlee45239  
#5 Posted : 21 May 2012 09:40:16(UTC)
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Lawlee45239
JohnMurray wrote:
Why did I post it. Hmmmm... Perhaps because non-compliance is very common ? And maybe because the person concerned brought the high fine upon himself ?
It is still a problem with all work vehicles, as I see many a person (parked!) on the M25 in their work vehicles smoking.
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chris42  
#6 Posted : 21 May 2012 09:48:25(UTC)
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chris42
Not always parked, you see many van drivers smoking and or on the phone. What yo don't see are the police, these community support people are ineffective (IMHO). So who is going to stop them !
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Jake  
#7 Posted : 21 May 2012 09:50:24(UTC)
Rank: Super forum user
Jake
Lawlee45239 wrote:
JohnMurray wrote:
Why did I post it. Hmmmm... Perhaps because non-compliance is very common ? And maybe because the person concerned brought the high fine upon himself ?
It is still a problem with all work vehicles, as I see many a person (parked!) on the M25 in their work vehicles smoking.
Interesting, as I very very rarely see tradesmen smoking in the vehicles, in fact I'm trying to think the last time I spotted someone smoking in the work vehicle, and I cover a decent amount of miles a year! Mobile phone use while driving, all the time but not smoking. Maybe it's the roads I use!
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Lawlee45239  
#8 Posted : 21 May 2012 10:05:23(UTC)
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Lawlee45239
chris42 wrote:
Not always parked, you see many van drivers smoking and or on the phone. What yo don't see are the police, these community support people are ineffective (IMHO). So who is going to stop them !
Well, by parked I didnt mean on the side of the road, more stuck in traffic!! As the M25 always seems to be on a go slow.....But yes on phones and smoking, and a lot of truck drivers too
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Terry556  
#9 Posted : 21 May 2012 10:11:39(UTC)
Rank: Super forum user
Terry556
Smoking in company vehicles is against the law, as with smoking in any building, whilst at work, if the driver is not compliant, and the company lets their employees smoke in the vehicles,then they will have to pay the fine,
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PVZ  
#10 Posted : 21 May 2012 10:14:37(UTC)
Rank: Forum user
PVZ
I can't read the original link due to access constraints at work. However, it must be noted that smoking in company vehicles can be permitted under certain circumstances, as long as company rules allow: Work vehicles will be required to be smokefree if they are used in the course of paid or voluntary work by more than one person – regardless of whether they are in the vehicle at the same time. When carrying persons, smokefree vehicles with a roof that can be stowed or removed will not be required to be smokefree when the roof is completely stowed or removed. Vehicles that are used primarily for private purposes will not be required to be smokefree.
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PVZ  
#11 Posted : 21 May 2012 10:28:09(UTC)
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PVZ
Check the following link (Part 3:Vehicles) : http://www.legislation.g...i/2007/765/made/data.pdf It is not against the law to allow smoking in vehicles that are for the sole use of the driver and are not used by anyone else, either as a driver or passenger.
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Geoff 1954  
#12 Posted : 21 May 2012 11:20:08(UTC)
Rank: Forum user
Geoff 1954
The question surely revolves around sole use of the vehicle. I don't believe any vehicle can be described as soley used by one person. They may carry passengers or have the vehicles serviced by a mechanic who may need to road test the vehicle. so no vehicle is soley for the use of one person. The regulations are about protecting people from the effects of smoking.
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Ron Hunter  
#13 Posted : 21 May 2012 13:21:17(UTC)
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Ron Hunter
The referenced article at #1 states the driver was carrying a passenger.
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Ron Hunter  
#14 Posted : 21 May 2012 13:22:59(UTC)
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Ron Hunter
PVZ wrote:
However, it must be noted that smoking in company vehicles can be permitted under certain circumstances, as long as company rules allow:.
No. The law gives the rule, not the company.
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SP900308  
#15 Posted : 21 May 2012 14:23:59(UTC)
Rank: Super forum user
SP900308
Quote - 'The council said it was the first prosecution of its kind that it had brought to court' Hardly surprising then that many people continue to do as they wish and ignore the law, is it? Like others, I see this sort of thing all the time along with mobile phones etc. I drove past an oversize vehicle delivering a static caravan last week and the driver was on his phone! Many people behave selfishly, inconsiderately, stupidly and some are barely civilized. Policing and enforcement is weak 'at best' and IMO this will probably only get worse! Oh well, Tuesday tomorrow....
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PVZ  
#16 Posted : 21 May 2012 14:26:02(UTC)
Rank: Forum user
PVZ
ron hunter wrote:
PVZ wrote:
However, it must be noted that smoking in company vehicles can be permitted under certain circumstances, as long as company rules allow:.
No. The law gives the rule, not the company.
As per information I supplied, the law does permit smoking, under certain circumstances, and company rules could exceed the requirements of the law by not permitting smoking in vehicles under any circumstances, hence my valid comment.
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Murray18822  
#17 Posted : 21 May 2012 16:25:20(UTC)
Rank: Forum user
Murray18822
SP900308 wrote:
Quote - 'The council said it was the first prosecution of its kind that it had brought to court' Hardly surprising then that many people continue to do as they wish and ignore the law, is it? Like others, I see this sort of thing all the time along with mobile phones etc. I drove past an oversize vehicle delivering a static caravan last week and the driver was on his phone! Many people behave selfishly, inconsiderately, stupidly and some are barely civilized. Policing and enforcement is weak 'at best' and IMO this will probably only get worse! Oh well, Tuesday tomorrow....
Somebody should check our council vehicle drivers - not unusual at all to see having a cigarette!!!!
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pburns  
#18 Posted : 22 May 2012 10:29:32(UTC)
Rank: New forum user
pburns
If he is going to break this law then he is likely to break others, such as speeding, dangerous driving illegal parking etc. Serves him right.
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