Posted By Gff
I think that smoking should be banned in all cars for the reason that it is a distraction to driving.

Included in my list is drinking and driving (any beverage, coffee etc).
Eating when driving.

Diving in dangerous conditions eg in the rain. (wet roads are more dangerous)
Driving in the dark
Driving in bright sunlight
Using window wipers when its raining
driving with passengers
Diving with her indoors in the passenger seat.
Being in the car with her in doors ing the drivers seat
Driving when there are other vehicles in the road your driving on.
Driving if your over the age of 110

Posted By alan noble
If it is anything like Scotland it will be enforced sensibily.

How do you spot a company car these days? Used to be easy... any Mondeo with a suit hanging up in the back.

It is obvious from the posts that defining in law what a vehicle used for work purposes is, is problematic. Scotland chose to exempt all cars. So we have the situation where the guy who installs your SKY dish if he uses a van he can't smoke and his vehicle needs a no smoking sign. (In Scotland a smoke free premises is a vehicle where one or more persons work - so having a passenger doesn't matter). If the SKY guy uses an estate car he legally can smoke and his vehicle doesn't need a sign.

Any works vehicle that is a CAR in Scotland is exempt. We have the situation in Scotland that driving school cars are exempt from the legislation even tho' they are obviuous workplaces that are going to be used by more than one person.

I think that if you asked most people if they thought that the SKY guy (car)and the driving instructor should be caught by the smoke free legislation, they would say yes. So we created anomolies.

England in drafting their legislation would have looked at these anomolies and tried to remove them. Doesn't make them bad persons!

Posted By alan noble
Sorry John

I was pointing out the difference between Scotland and England. In Scotland, other than a private hire car which has to be smoke free 24/7, you can smoke in any car.

Posted By CFT
One of my fellow Directors (most miffed at having to put a sticker for no smoking in his wonderful Audi A8) has been on the soap box now since he was informed he should have one or face the possible consequences and also to set an example.

He has however...(and you will need the car sticker pictogram in front of you to see this)pointed out to me if you follow the writing on the back of the sticker as being the right way up and have the sticker with the cigarette sticking upwards, he sees it as a "NO CHIMNEYS HERE" , remember, vertical cig with smoke to left and hey presto it actually does resemble a chimney or power station or similar.

CFT

Posted By JPK
Ok guys.....

Ive had this EXACT same query recently and had it answered by..

Smokefreeengland.co.uk
HSE
Department of Health

They began by directing me to Part 3 (5) of the exemptions which state...

---

PART 3

Vehicles

(5) A vehicle is not used in the course of paid or voluntary work for the purposes of paragraph (1)(b) where it is used primarily for the private purposes of a person who—

(a) owns it; or

(b) has a right to use it which is not restricted to a particular journey.

---

The answer has been given that...

If a Director or Employee uses the car to go to and from work, however does not 'regularly' use it for work purposes, i.e. ferrying employees, public, and collegues, and uses it primarily for private use, whether supplied by the company or not, the car will not apply!

Believe me I gave EVERY scenario possible and asked the question of the intention of LA's to determine whether something was indeed a Company Vehicle or not, i.e. Are there plans for number plate checks to find registered owners etc..
It has been made clear by all parties questioned, that this is not a policing matter and is infact up to the LA's to work with ppl complaining about smoking in cars rather than to launch a massive covert operation to seek and destroy all smokers!

We now have an answer that seeing as the Directors, do not use their cars for anything other than coming to and leaving the work place, with very few weekly/monthly visits to site, then they are in theory using the vehicle 'primarily for the private purposes of a person'

Now....... anyone got a light?

JPK

Posted By JPK
Esther,

I personally see that as a very wise step!

I have just agreed with the Company, that in our Smoke Free Policy, should it be established that Directors vehicles are being required for company use, they will become smoke free.
In this case, I have agreed with one driver/user, that his car will be the smoke free vehicle (as he doesn't smoke anyway) and he will be the designated driver to any joint meetings.

JPK

Posted By Esther Bucklee
A car that is designated as smokefree must display the appropriate signage at all times.