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Posted By Richard_C
I thought I had the smoke free regs all wrapped up. Most of the company's vehicles would be designated as "smoke free" vehicles. The sign would be displayed and no smoking would be allowed. There would be just a few "smokers" vehicles where the designated keeper / driver was a smoker. The no smoking sign would not be displayed and the driver could smoke as he was to be the only person allowed to use that vehicle. Other employees could not use or go in that vehicle irrespective of if they minded or not.
Today I have been informed of a different interpretation. This is as follows: all vehicles have to display the no smoking sign. If the designated keeper / driver is a smoker then he is allowed to smoke in the vehicle providing that he is alone in the vehicle. As soon as another employee gets in the vehicle, smoker or not, then the vehicle is a "smoke free" vehicle. This would also imply that once the vehicle was at the work's yard it would be free for all to use during the day including non-smokers.
I don't know if I have missed something that has happened recently but this surely cant be true!
Thanks
Can anyone either tell me that I have got it wrong or is this interpretation received today wrong?
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Posted By Crim
You may by now be aware of a further complication as the new edition Highway Code apparently bans drivers from lighting up while driving?
How to address this in the safety Policy?
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Posted By Barry Cooper
Richard
My interpretation is as yours, if only the driver drives the car, he can smoke. If anyone else is either a passenger or driver then no smoking in the car whatsoever anytime
Barry
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Posted By Ron Hunter
This from clearingtheairscotland.com:(faq)
Vehicles and public transportation facilities:
Are vehicles caught by the smoke-free law?
All cars, whether used for business or private purposes, are exempt from the law, unless they are being used as a private taxi. So company cars will not be caught. All other vehicles, i.e. vans and lorries, used primarily for business purposes and any public transportation vehicles will be affected (i.e they must be smoke free).
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Posted By FJ
The above, surely, is the Scottish view applicable only in Scotland?
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Posted By Rob T
Hi Crim,
The highway code doesn't "ban" anything - it's guidance and any offence would have to be "driving without due care" etc. If you can prove that you were driving with due care (strange but I always thought that the onus was on the courts to prove you did commit an offence not the other way round - but this is new England) then no offence has happened.
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Posted By LMR http://www.smokefreeengl....co.uk/faq/vehicles.htmlthis poses as many questions as it answers and is the rules!!. . . and is now behind the new highway code . . . but that is only guidance!!!! We have made a company policy that ALL vehicles are smoke free, and that is nothing to do with smoke free England, Wales or Scotland it is penalties on the return of leased vehicles!!!
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Posted By Tim S
Richard,
I would agree with your interpretation and that is how we have set up our policy. We have made all company vehicles non-smoking on the premise that although (in some cases) 1 person may be the sole / major user of that vehicle, potentially they could carry another employee, client etc.
Regards
Tim
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