Smoking Regulations

Health secretary Patricia Hewitt announced that all smoke-free premises and vehicles will be required to display no-smoking signs. To the annoyance of many though is the fact that a raft of offences and related penalties, not realised previously, was hidden deep within the recently closed consultation "Smoke Free Premises And Vehicles", with fixed penalty notices enforceable by local councils - ranging from £50 up to £2,500. The list includes:

• Smoking in a smoke free zone - £50 - £200
• Failure to put up clear no smoking signs in a smoke-free zone - £200 - £1,000
• Failure to prevent smoking in a smoke-free place - Up To £2,500

The second two should be of interest to those who run company cars, allow employees to use their own cars for work or if you are a driver and use your car to carry work colleagues when out on company business. Employers should update company handbooks and contracts of employment to reflect the new laws as well as explaining the seriousness of the clampdown to the drivers.

The authors of the 2006 Health Act, in which the legislation is found, said 'We intend vehicles used as a workplace by more than one person, regardless of whether they are in the vehicle at the same time, to be smoke free at all times. This will protect shift and other workers who use the same vehicle from the health risks associated with second hand smoke and provide consistency with other non-mobile workplaces. Now clearly this was aimed at pool cars and vans where drivers swap the vehicle around but it has, in my opinion, some very frightening consequences. If you are a smoker and give colleagues a lift to a meeting or even a lift to work the law now appears to say that you can therefore not smoke in your own car - ever! More on this one as we receive further clarification.

Convertibles, it would seem, will be partially exempt as the law will state that the exemption rule will only apply when 'the car is wholly or partially covered by a roof'. So the rules will only apply when the roof is up. It would appear that each Authority will employ enforcement officers to police the new laws but will act more in an educational role rather than an enforcement role with the officers being non - confrontational. Yeah Right! Like speed cameras are not money machines they are only there to save lives! The final smoke-free legislation regulations for England will replace any voluntary agreements. The type and level of fines that make the final law are being finalised before being laid out to Parliament shortly.