smoking ban in vans

In England: It becomes a smoke-free vehicle if it is ever used FOR WORK by more than one person. That’s not more than one person at a time – it could be two people using it over the course of a year.

The passenger thing’s a good point. The law actually says that a vehicle is smoke free if it is used –

“(a) by members of the public or a section of the public (whether or not for reward or hire); or

(b) in the course of paid or voluntary work by more than one person (even if those persons use the vehicle at different times, or only intermittently).”

I don’t think that (for example) taking your wife to the shops is use ‘by members of the public or a section of the public’. So it looks like you can carry passengers sometimes. There also doesn’t seem to be anything to stop the driver’s wife from smoking in the van – even if he doesn’t smoke.

I could be wrong of course but I’d be very surprised if ‘a section of the public’ could be held to include an owner-driver’s wife.

None of which has anything to do with the original question. No, if you swap vans now and again then they both become ‘smoke free’ and need stickers.

You can order as many as you want free of charge from http://www.smokefreeengland.co.uk/content/order-materials.html

Posted under Employment, Vans

Posted by Alec at 3:50 pm, June 5, 2007

5 Comments so far

  1. Alec added on  June 4th, 2007 at 15:08

    J** wrote:
    Chris, I thought the ban only applied if there was more than one user of the van. Is this not the case?

    The Scottish law applies to any van or lorry used for work – even if you’re an owner driver that never lets anyone else in the van.

    The English law applies only to vans and lorries which are a workplace to more than one person – whether they use it at the same time or at different times.

    VOSA and the Police have absolutely no enforcement rights with regards to the smoking bans in England, Wales or Scotland. Only local councils will carry out any enforcement.

  2. Alec added on  June 4th, 2007 at 16:07

    C** wrote:

    Yep, that’s exactly what the council guys were explaining whilst having a good surreptitious look in the cab. VOSA, police and council were working very well together.

    Alec, are you sure the English law is different on this bit, as that could be quite fun to “exploit”.

    I am sure yes, I can’t see how you could exploit it though. The Scottish law applies in Scotland whatever nationality you are. the English law applies in England whatever nationality you are. Even if you’re not covered by the English law then you still have to comply with the Scottish law when you’re up there.

  3. Alec added on  June 5th, 2007 at 15:58

    I’ve just checked and the law regarding vehicles is identical in Wales – except the wording of the sign is meant to be in Welsh as well as English.

    Added: In fact ignore that – the sign for use in vehicles doesn’t need any text at all.

  4. Alec added on  June 5th, 2007 at 22:15

    No need for any text at all on the sign for use in/on vehicles Geoff. http://www.opsi.gov.uk/legislation/wales/WSI2007/20070787e.htm

    Section 6

    “(2) A no-smoking sign must contain a graphic representation of a burning cigarette enclosed in a red circle at least 75 millimetres in diameter with a red bar across the circle which crosses the cigarette symbol.

    (3) A no-smoking sign complying with the requirements of paragraph (2) must be displayed in a prominent position in each compartment of the vehicle, which is wholly or partly covered by a roof, including a driver’s compartment.”

    And that’s it. It’s only the signs for premises that need the text. I read it wrong as well when I was skimming through it – it’s para 2 of Section 5 that requires the text – but that doesn’t apply to vehicles.

  5. Alec added on  June 6th, 2007 at 12:45

    br*** wrote:
    i got pulled in scotland about 6 months ago i was displaying a sign but was told should have two one each side of vehicle told copper was my own van only me insurerd to drive his reply what about when i goes in for service if it breaksdown etc other people will then be using if the vehicle weather leased or privatley owned is your place of work then they must be displated i believe it to be exactly the same in england

    You believe wrongly. The law is different in Scotland.

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