The Smoking Ban

Right although i’m not a smoker a lot of you other drivers are. So as a consequence it has been a matter of discussion especially as most of my friends are long distance and spend  4 or 5 nights away in a truck. Now, most are employed company drivers therefore the vehicles are insured for other drivers, even though the vehicle will only be home saturday or sunday.

To me this means that realistically one driver one truck, meaning the truck is in their possession and control all week, every week, with exception of servicing on a saturday morning. The driver uses the truck for work all day but after hours the truck becomes the drivers home, so this is where the question comes in; Is it or is it not illegal for the driver to smoke in the truck in the evenings or after the days work is done? Bearing in mind they would be allowed to smoke in their own bricks and mortar homes.

I’ve been trying to research into this and to be quite honest without a great deal of success., but I’m hoping i can add to this post as i can find more out. The following comes from the official Smoke-free Government regulations.

  

The Smoke-free (Exemptions and Vehicles) Regulations 2007

2007 No. 765PUBLIC HEALTH, ENGLANDThe Smoke-free (Exemptions and Vehicles) Regulations 2007

  Made 7th March 2007  
  Coming into force 1st July 2007

PART 3Vehicles Enclosed vehicles
     11. —(1) Subject to the following paragraphs of this regulation, an enclosed vehicle and any enclosed part of a vehicle is smoke-free if it is used—
(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).

 

Right, this really is the only paragraph which i can find in the regulations that says anything relating to  the situation of one driver all the time except once in a very blue moon! I have highlighted the words to make a sentance for you (i hope). But by reading (b) over and over i think we can all say it is (Officially and on paper) illegal for a driver to smoke in his truck even if it is his home for the week (or more).  This is the official line. Sorry.

 The penalty for you naughty drivers for smoking in your truck is as follows; Smoking in smokefree premises or work vehicles: a fixed penalty notice of £50 (reduced to £30 if paid in 15 days) imposed on the person smoking. Or a maximum fine of £200 if prosecuted and convicted by a court.

Also for the operators of your truck if you are working for a company. The operator is responsible for stopping you smoking in your vehicle and also displaying no smoking signs in your truck. If they fail to do so they can be find £200!!!!! and they will have 29 days to cough up. Although it can be reduced to £150 if paid within 15 days.

I hope this gives some form of help but i take no responsibility for incorrect information, bla bla bla, you know what i mean. If you want the official quickquide please click here: http://www.smokefreeengland.co.uk/what-do-i-do/quick-guide.html

Before you truck off, why not leave a comment....