Can I smoke in my car?

Posted on November 18, 2011

With all the news this week about whether to ban smoking in cars, we thought we’d refresh you on what the position is from a business point of view. 

From July 2007 the vast majority of workplace vehicles including  light and heavy goods vehicles,  and company cars who take passengers on work related matters have to be smoke-free at all times, even if shared by more than one person for voluntary or paid work (including weekends/holidays etc).

This measure protects other workers using the vehicle from the harmful effects of second hand smoke, as tobacco smoke could be absorbed into soft furnishings and can remain long after a cigarette has been stubbed out.

All such work vehicles need to be clearly labelled with signs in each compartment for the vehicle where people could be carried.

Smoking is 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.  Smoke free legislation will not apply to vehicles that are used primarily for private rather than work purposes. 

Your company no smoking policy should reflect this legislation and will give guidelines in order to comply with these laws.

Penalties and fines

It is up to the local authorities to enforce the smoke free laws within England and if you are found not to comply, a criminal offence would be committed and fixed penalties will apply.  The penalties will be applied to the person smoking, but if there is a failure to prevent smoking within a smoke free place a fine may be enforced for whoever manages the vehicle.

The fixed penalties and maximum notices for each offence are as follows:

• If smoking within a work vehicle, a fixed penalty notice of £50 applies, however this is reduced if paid within 15 days of the offence. A maximum fine of £200 applies if prosecuted and convicted in court.
• If a no smoking sign is not displayed, then a fixed penalty charge of £200 applies, however this is reduced to £150 if paid within 15 days.  A maximum fine of £1000 applies if prosecuted and convicted in court.
• If there is a failure to prevent smoking within a smoke free place a maximum fine of £2500 maybe enforced forever whom manages the vehicle if prosecuted and condemned in court. There is no fixed penalty notice for this offence.

At the end of the day if you see someone committing any of these offences within the workplace you should report it to your line manager.

This entry was posted in Articles. Bookmark the permalink.