Man fined for smoking in his own vehicle

[naomi24]

http://www.timesonline.co.uk/tol/news/uk/crime /article4393248.ece

Your thoughts?

[Ethel]

This is wrong - the smoking ban applies to work vehicles that are used by more than one person.

It is being discussed on Radio 2's Jeremy Vine show at 12 noon

[Ethel]

Found a relevant link:

"Smoking will be permitted in vehicles that are for the sole use of the driver and are not used as a workplace by anyone else, either as a driver or passenger."

http://www.bridgend.gov.uk/Web1/groups/public/ documents/services/045868.hcsp

[Gromit]

There are calls to ban smoking while driving on safety grounds.

http://news.bbc.co.uk/1/hi/uk/6652787.stm

[RevFunk]

How about banning:

Talking on hands free
having the radio on
Looking out the window
daydreaming
talking to a passenger

All are distracting

Pity they cant focus on something more worthwhile

[Ethel]

Gromit - that is a different issue altogether, fining for 'undue care' or similar motoring offences.

[Gromit]

Ethel

I know it is different. I also know it is different when I point out that smoking in a van containing flammable materials (paint, turps etc) is not clever either.

[Ethel]

That is true - but that is not why he was fined.

[TEAK36]

All of our company vehicles now have a large no smoking sticker on the dashboard, and anyone caught smoking in them will receive a fine. My company said that having this rule vastly reduces the amount of insurance they have to pay on each vehicle.

I am a smoker myself, but I agree that employers have every right to ban smoking in vehicles that they own or lease. My employers are trying to go one step further and will shortly be banning the use of hands free kits.

[Oneeyedvic]

Agree with Ethel (and so do the Welsh Assembly) :http://news.bbc.co.uk/1/hi/wales/7524526.stm

Ceredigion Council said they could not comment on individual cases.

A spokesperson added: "The legislation allows for a right of appeal and the procedures in relation to this are set out in the notices."

A Welsh Assembly Government spokesman said: "The smoke-free regulations state that a vehicle shall be smoke-free if it is used for work by more than one person, regardless of whether they are in the vehicle at the same time, to protect everyone who uses the vehicle from the harmful effects of exposure to second-hand smoke, regardless of when they use the vehicle.

"Smoking is permitted in vehicles used for work purposes that are for the sole use of the driver and are not used as a workplace by anyone else, either as a driver or a passenger."

Sounds like someone was being over zealous.

UNLESS he employs staff and was giving them a lift of lets them use the van.

If he 'employs' his wife as a tax dodge, then he has no chance, since she has already admitted to using the van.

[Ethel]

It has now come to light he had a passenger.

[Gromit]

The over zealous official was probably a reformed smoker. They are the worst.

It is all Mr Brown's fault because there were no jobworths prior to last year.

[Ethel]

The law has been properly applied here.

Both he and his passenger were dressed in decorators clothing, in a van signwritten as a decorators' van, it was a working day and he was smoking,.

[DrFilth]

ethel it says
Although he uses the unmarked van to transport his paint and ladders he says it is not a workplace and he uses it only to travel to and from jobs.

unmarked ? is the times getting like the sport

[naomi24]

Ethel, where did you get that information? My original link says the van was unmarked, and this one.....

http://www.guardian.co.uk/uk/2008/jul/25/smoki ng?gusrc=rss&feed=networkfront

........... says he wasn't going to work, but to buy tea bags. It also says he claims the van is insured as a private vehicle.

Incidentally, his passenger had also just lit a cigarette, and he was fined too.

[DrFilth]

if it is in the guardian , it must be true ?

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[Oneeyedvic]

http://www.itv.com/News/Articles/Couple-fined- for-smoking-in-own-van-739954256.html

Seems it was his wife as I suspected

[Oneeyedvic]

This picture shows his van was not decorated: http://www.dailymail.co.uk/news/article-103830 1/Painter-given-30-fine-smoking-work--van.html

and sky news are on the ball as ever, showing 'a van' in case you didn't know what a van looked like:
http://news.sky.com/skynews/Home/Painter-Fined -30-For-Smoking-A-Cigarette-In-His-Own-Van/Art icle/200807415056246

[naomi24]

I don't know which newspaper you prefer, DrFilth, but I've already given two, and here's another two for you to choose from.

http://www.telegraph.co.uk/news/uknews/2453962 /Man-on-tea-run-fined-for-smoking-in-'workplac e'-

van.htmlhttp://www.thesun.co.uk/sol/homepage/news/article1468749.ece

[Ethel]

Sorry - I was listening to the discussion on the Jeremy Vine show.

The van wasn't marked but was carrying decorators equipment; the passenger, who was also smoking, was a 16 year old boy also in decorators overalls. He claims he was shopping.

This is going to have repercussions for him - his van isn't insured for business purposes but it probably should be.