Smoking Ban - Company Vehicles (England And Application In Other Parts Of The UK)

Set out below is a summary of the position under English law on the smoking ban and how it affects the use of company vehicles and how the laws differ in other parts of the United Kingdom.

England

The Smoke-free (Exemptions and Vehicles) Regulations 2007 come into force on 1 July 2007.

The position in respect of company vehicles is that:

Enclosed vehicles which one or more persons use for work will be no-smoking premises and covered by the ban. The ban applies to cars/vans/lorries at all times if they can be used by one or more persons (as driver or passenger) in the course of paid or voluntary work, regardless of whether they are in the vehicle at the same time;

A vehicle is not used at work if it is used primarily for the private purposes of a person who owns it or has a right to use it which is not restricted to a particular journey.

Therefore, smoking will be prohibited in all vehicles which are used primarily for business purposes by more than one person. Vehicles used primarily for private purposes or for business purposes only by the driver are exempt and employees can smoke in those vehicles.

Examples

A company car used solely by one employee and not used by anyone else for work either as a driver or passenger is exempt and does not need to be smoke free;

A privately owned car used occasionally for business purposes is exempt;

A car shared by one or more employees but only ever used by one at a time (a pool car) is covered by the ban and must be smoke free at all times;

A chauffeur driven car is covered by the ban and must be smoke free at all times;

A van used by two employees, one who smokes and another who doesn't is covered by the ban and must be smoke free at all times;

A vehicle used by two plus employees all of whom smoke is covered by the ban and must be smoke free at all times;

A vehicle that would otherwise be smoke free but which has a roof that can be stowed or removed will not be required to be smoke free when the roof is completely stowed/removed.

All vehicles covered by the ban should display no-smoking signs (the no-smoking symbol at least 70mm in diameter) in each compartment of the vehicle in which people can sit (penalty for non-compliance is a fixed penalty notice of £200 (or £150 if paid within 15 days) or a maximum fine of £1,000 if convicted by a court).

The company has a duty to prevent smoking in smoke free vehicles (the penalty for breach is a maximum fine of £2,500 on conviction). Compliance requires the...