Oct 1st: ban on smoking in cars with children

[Michael Browne]

From 1 October, several changes to the law around smoking come into force. Here’s everything you need to know:

 

 

Q: What is happening on October 1?

A: From that date private vehicles must be smoke free if there are passengers in it who include someone under 18.

 

Q: Is it just the driver who faces prosecution if the law is broken?

A: No. If one of the passengers lights up in the vehicle they and the driver will face prosecution.

Q: What will happen to those caught?

A: They will received a fixed notice penalty of £50.

Q: Does the law apply to e-cigarettes?

A: No it does not.

Q: What happens if there is a 17-year-old who is alone in a vehicle and smoking?

A: If that is the case then no-one is committing an offence.

Q: What type of private vehicles does the legislation cover?

A: It covers any private vehicle that is enclosed wholly or partly by a roof. A convertible car, or coupe, with the roof completely down and stowed is not enclosed and so isn’t covered by the legislation. But a vehicle with a sunroof open is still enclosed and so is covered.

Sitting in the open doorway of an enclosed vehicle is covered by the legislation.

Q: Do the new laws apply to motorhomes, campervans and caravans?

A: The rules apply to them when they are being used as a vehicle but don’t apply when they are being used as living accommodation.

Q: How will it be enforced?

A: Enforcement officers - usually the police - will use their discretion to decide whether to issue a warning or a fixed penalty notice, or whether to refer an offence to court.

Q: Won’t it be difficult to enforce?

A: Yes, according to some police officers, who also warn it might divert officers from other duties. It’s a point conceded by those who campaigned for the law change who hope that just the existence of the new law will deter many from lighting up in their vehicle.

Q: Why is the new legislation being brought in?

A: To protect children and young people from passive smoking. Those for the bans say every time a child breathes in secondhand smoke they breathe in thousands of chemicals. This puts them at risk of serious conditions, such as meningitis, cancer and respiratory infections such as bronchitis and pneumonia. It can also make asthma worse. Secondhand smoke is dangerous for anyone, but children are especially vulnerable, because they breathe more rapidly and have less developed airways, lungs and immune systems.

[citizenB]

 

Q: Won’t it be difficult to enforce?

A: Yes, according to some police officers, who also warn it might divert officers from other duties. It’s a point conceded by those who campaigned for the law change who hope that just the existence of the new law will deter many from lighting up in their vehicle.

 

 

Or they will rely on the anti smoking brigade to take down registration numbers and telephone the police !

[obiter dictum]

This will no doubt be enforced by the Local Authority. They do it already those who are seen smoking in works vehicles.

 

(Civil Enforcement Officers)

 

Nice new revenue stream for Local Authorities desperate after funding cuts from Central Government

 

The will use CCTV the same as traffic infringements to enforce. Anyone was is caught will get somethng like a PCN in the post and enforced the same way

[Baz1994]

This will no doubt be enforced by the Local Authority. They do it already those who are seen smoking in works vehicles.

 

(Civil Enforcement Officers)

 

Nice new revenue stream for Local Authorities desperate after funding cuts from Central Government

 

The will use CCTV the same as traffic infringements to enforce. Anyone was is caught will get somethng like a PCN in the post and enforced the same way

 

Is that correct obiter dictum ?

 

I Was only thinking about that the other day as I was reading our local paper about moving traffic contraventions being handed over from the police to mobile CCTV Enforcement officers. I straight away thought cash-cow and how is this new ban going to be enforced by the police - Something else that they will be handed over to make money !

 

What next, a ban on smoking in public parks and outside buildings / shopping centres ?

[obiter dictum]

CCTV operators are not the police. They are employed directly by the Local Authority

[fad460]

That really is a good decision.