Posted By andy bee
Hi all
Has any one got any ideas on the law regarding reps or van drivers who use company vehicles but never carry any other passengers, I am trying to write a policy on it and i need some clarification
many thanks andy

Posted By Karel Simpson
Can you guarantee they carry other passengers?

We are in the same situation but I have plans afoot to ban as in my view a company vehicle could be made available at any time to a different employee, also you we cannot guarantee that no other person will need it for work purposes, for example if another member of staff have their car in for service, so it is essentially a workplace.

Regards

Karel

Posted By Lilian McCartney
Hi Andy,

rememmer to include not smokling while actually driving.

I would say that if the vehicle is only used for company business then you can put whatever condtions you like - difficult to enforce these perhaps if the person is on their own how would you know?

If the vehicle is used by the one person for private use also how will you know if its business or private use when they smoke?

We only have the condition of when carrying 'work' passengers e'g service users, fellow employees etc.

Posted By J Knight
Lilian,

Take your point about knowing when they are smoking, but the regs are clear, it has to be used by more than one person 'in the course of work' for it to be not exempt in the eyes of the law. So your reps can smoke (legally, you might want to ban it anyway in which case you can) provided that no other people 'in the course of work' travel with them, even intermittently.

How I interpret that is that the considerable number of my colleagues who hurtle up and down the motorways on their own in company cars can have a fag if they wish; but our van drivers and minibus drivers can't,

John

Posted By Philip McAleenan
The Act 2006 states,

5 Vehicles
(1) The appropriate national authority may make regulations providing for vehicles to be smoke-free.
(2) The regulations may in particular make provision-
(a) for the descriptions of vehicle which are to be smoke-free,
(b) for the circumstances in which they are to be smoke-free,
(c) for them to be smoke-free only in specified areas, or except in specified areas,
(d) for exemptions.


So as always, check exactly what regulations the appropriate authority has made. If they have made none, then ...
... they have made none

regards, Philip

Posted By David G C
Where a company vehicle could be used by more than one employee, it will have to be smoke-free at all times. This is to protect people who use the vehicle from second-hand smoke, regardless of when they use the vehicle. The only exceptions to the rule are:

convertible cars as long as the roof is down when they or their passengers are smoking.

vehicles provided for the sole use of the driver and not used by anyone else either as a driver or passenger

privately owned vehicles

Under the act, employers, managers and those in charge of smoke-free premises and vehicles will need to:

identify areas where smoking will constitute an offence and display ‘no smoking’ signs.

take reasonable steps to ensure that staff, customers/members and visitors are aware that premises and vehicles are legally required to be smoke-free and ensure that no-one smokes in smoke-free premises or vehicles

provide suitable guidance in staff handbooks and invoke disciplinary proceedings if necessary

The proposed penalty for smoking in a smoke-free premises or vehicle is a fixed penalty notice of £50 or fine of up to £200.

For failing to display no smoking signs in smoke-free premises and vehicles as required by the legislation the fine is a fixed penalty notice of £200 or a fine of up to £1,000.

For failing to prevent smoking in a smoke-free premises or vehicle - a fine of up to £2,500.


I'm off for cigarette now

David

Posted By Kate Graham
The relevant Regs have indeed been made - the Smokefree (Exemptions and Vehicles) Regulations. There's a link to them here: http://www.smokefreeengl...cts/the-regulations.html

Kate