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#1 Posted : 25 June 2009 10:50:00(UTC)
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Posted By Mike DF
My view is that if a person is using their own car for company business then that becomes their workplace for the duration of the journey. Therefore they should not be able to smoke on that journey. In reality the issue would only arise if there was a mix of smoking and non-smoking occupants with the driver 'allowing' the smoking to take place.

Ideally you would think that consideration for non-smoking occupants would preside and that the issue would not arise.

Has anyone else dealt with this in their driving or smoking policies?
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#2 Posted : 25 June 2009 10:59:00(UTC)
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Posted By Lukasz
Mike

Guidance: EVERYTHING YOU NEED TO PREPARE FOR THE NEW SMOKEFREE LAW
ON 1 JULY 2007
Page 11
SMOKEFREE VEHICLES
The new law will require vehicles to be smokefree at all times if they are used:
to transport members of the public
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.
Smokefree vehicles will need to display a no-smoking sign in each compartment of the vehicle
in which people can be carried. This must show the international no-smoking symbol no smaller
than 70mm in diameter (see page 13 for more details).
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 removed or stowed.
Vehicles that are used primarily for private purposes will not be required to be smokefree.
Page 20
Can I smoke in my own car? Yes, the new law doesn’t cover vehicles used primarily for
private purposes.
I share a work vehicle with another smoker. Can we still smoke? No, the law is designed to
protect smokers and non-smokers from secondhand smoke. Smoking will only be permitted in
work vehicles that are for the sole use of the driver and are not used by anyone else for work
either as a driver or passenger.


For more information about the new smokefree law in England
or to request alternative formats, visit our website:
smokefreeengland.co.uk or call the Smokefree England
information line on 0800 169 169 7 or contact your local council.

IMO- They should not smoke as second person is still exposed to secondhand smoke.

Regards
LK
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#3 Posted : 25 June 2009 11:04:00(UTC)
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Posted By Lukasz
Link to the guidance:
http://www.smokefreeengl...ng_u_need_new_sf_law.pdf

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#4 Posted : 25 June 2009 11:09:00(UTC)
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Posted By Mike DF
Thanks for your comments Lukasz, there does seem to be a grey area whereby you can smoke in your own vehicle but not in a company one. The issue is when someone is using their own vehicle for business use.

In reality I don't see this as an issue for most (considerate) people but I was interested to see how others dealt with it
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#5 Posted : 25 June 2009 11:24:00(UTC)
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Posted By Bob Y
This is the approach that we adopted which has been pretty well received and accepted by staff

"Smoking is not permitted

In any Council owned, hired, leased or operated vehicle
During any vehicle journey while on Council business where there is another person present"
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