confused?

I have been talking to a couple of my mates both drivers,1 says his boss told him he cant smoke in the cab when the ban comes in and the other 1 says he has been told yes he can,so im confused now?doesnt take a lot to do it tho. lol :confused:

Aint the cab a place of work?..i thought the the rule was you cant smoke in an enclosed public place or a place of work.

that eas my thoughts but because he is the only driver of his unit his boss says it ok . but im still not convinced.

who cares its unpoliceable :open_mouth:

The law states that you cant smoke in a place of work this also includes, company cars and truck cabs regardless of whether you are working with a colleague or not!

They state that the smoke settles into the fabric in the cab and can be harmful for the next person driving it!

The police are being informed that this will be something they will be looking at, (what a waste of mine and my colleagues time i agree) and i believe that they will be bringing in other to be trained in order to deal with this aswell!

Im a smoker and i think it is stupid to enforce this in cabs and company cars not shared at the same time, but hey people have already in wales been stopped ticketed or advised at there conduct (smoking).

So you take your chances with your money and your employment!

ok here is my question… We have a sleeper pod on top of the cab. Our pod is “seperated” by a sliding shutter. Now the question is when the smoking ban comes in and we do nights out will the pod be counted as a living area and will my porter be allowed smoke up there as it is seperated from the driving area by the hatch… Hows does this comply with the rules?

Sorry Officer but i had to have a cigarette whilst driving coz i just got flashed on a speed camera whilst talking on my phone to my transport manager about being worried that i’d get pulled for being overweight and having a bald tyre and to top it all off i forgot to put a tacho in this morning…So i think im entitled to one [zb]ing ■■■ after the day im having… :laughing: :laughing:

Screw the smoking ban :smiling_imp:

LOL :laughing:

Oh go on then if you really must :stuck_out_tongue:

The law regarding smoking in trucks is that if you are the sole driver of that vehicle and no one else drives it then you are allowed to smoke in it. where as my job is driving a double shifted truck so neither of us could smoke in it. luckily i don’t smoke so it does not matter to me but there you go.

podge:
The law regarding smoking in trucks is that if you are the sole driver of that vehicle and no one else drives it then you are allowed to smoke in it. where as my job is driving a double shifted truck so neither of us could smoke in it. luckily i don’t smoke so it does not matter to me but there you go.

If anyone is going to use the vehicle after you, you will not be allowed to smoke it it! due to the so called " passive" element.

You are allowed to smoke in you own vehicle but as a truck cab is a " place of work" that is why you will not be able to smoke! this includes any area of the vehicle.

Quote from the smokefreeengland site

Smokefree vehicles

The new law will also require vehicles to be smokefree at all times if they are used:

  • to transport members of the public
  • in the course of paid or voluntary work by more than one person - regardless of whether they are in the vehicle at the same time.

Hope this helps some

Firebird:

  • in the course of paid or voluntary work by more than one person - regardless of whether they are in the vehicle at the same time.

And I think it is nigh on impossible to say the vehicle will never be driven by anyone else. Holiday time, long term sickness, the fitter taking it for a road test for instance.

On arrival back at DHL today I was handed a letter by the gatehouse bloke. It details the only places where smoking will be allowed after July 1st and goes on to state - “Under no circumstances will anyone be permitted to smoke in any company vehicle. Anyone caught doing so will be subject to disciplinary action.”

I believe that the plan applies to vehicles which are used by more than one person (but not necessarily at the same time).

Therefore, if the truck is allocated only to one person, then they are allowed to smoke in it, but if it’s used by anyone else (even if they are never in the cab together), then it has to be non-smoking all the time.

MrFlibble:
I believe that the plan applies to vehicles which are used by more than one person (but not necessarily at the same time).

Therefore, if the truck is allocated only to one person, then they are allowed to smoke in it, but if it’s used by anyone else (even if they are never in the cab together), then it has to be non-smoking all the time.

What about if the truck is allocated to me but when im on holiday someone else has to use it?

Simple answer.

YOU CANNOT SMOKE IN ANY COMPANY VEHICLE - EVER. END OF. If its not classed as a private vehicle (e.g. not a private car or a private HGV then its a NO smoking zone).

Doesnt matter if you are:

  • Owner Driver
  • Its “your” lorry assigned to you
  • Share a lorry with multiple people
  • Get a random cab at the start of the day.

You are not allowed to smoke in them as they are all places of work. Even if you are an OD and own that cab you cannot smoke in it.

Best law for ages imho. I hate getting into a cab that smells like an ashtray. B&Q have smoking and non-smoking lorries now. The new orange FM12 are all non smoking. If you request a smoking lorry you get some batter heap o cap. And if you smoke in the orange FM12s you get battered into a heap o crp.

Now I could be wrong but I have been told that with the current ban in Scotland it is illegal to smoke in truck while I am driving but I could pull up in said truck in a layby and enjoy a cigarette (in the cab) whilst listening to the archers.

Ben9:
Now I could be wrong but I have been told that with the current ban in Scotland it is illegal to smoke in truck while I am driving but I could pull up in said truck in a layby and enjoy a cigarette (in the cab) whilst listening to the archers.

You ARE wrong. It’s even illegal to smoke in the truck when you’re parked up for the night with the curtains drawn, in Scotland.

However, smoking in a company car is permitted.

It is nothing to do with the police it is the local council that enforces it so the chances of getting caught are slim, has anyone been charged in Scotland with it.

Sockpuppet:
Simple answer.

YOU CANNOT SMOKE IN ANY COMPANY VEHICLE - EVER. END OF. If its not classed as a private vehicle (e.g. not a private car or a private HGV then its a NO smoking zone).

Doesnt matter if you are:

  • Owner Driver
  • Its “your” lorry assigned to you
  • Share a lorry with multiple people
  • Get a random cab at the start of the day.

You are not allowed to smoke in them as they are all places of work. Even if you are an OD and own that cab you cannot smoke in it.

Best law for ages imho. I hate getting into a cab that smells like an ashtray. B&Q have smoking and non-smoking lorries now. The new orange FM12 are all non smoking. If you request a smoking lorry you get some batter heap o cap. And if you smoke in the orange FM12s you get battered into a heap o crp.

But it is not my place of work when i clock off, it’s my lounge, bedroom, games room, tv room whatever you call it.

I know this is long but interesting! Taken directly from the legislation.

You will not be able to smoke in a WORK VEHICLE end off whether you are bedding down for the night, in a company car! If it is your own car you are ok, if it is a company vehicle or work truck it has to remain smoke free!

PART 3

Vehicles

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–

(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).

(2) A vehicle or part of a vehicle is enclosed for the purposes of paragraph (1) where it is enclosed wholly or partly by a roof and by any door or window that may be opened.

(3) Except where paragraph (4) applies, “roof” in paragraph (2) includes any fixed or moveable structure or device which is capable of covering all or part of the vehicle, including any canvas, fabric or other covering.

(4) In relation to a vehicle that is engaged in conveying persons, “roof” does not include any fixed or moveable structure or device which is completely stowed away so that it does not cover all or any part of the vehicle.

(5) A vehicle is not used in the course of paid or voluntary work for the purposes of paragraph (1)(b) where it is used primarily for the private purposes of a person who–

(a) owns it; or

(b) has a right to use it which is not restricted to a particular journey.

(6) This regulation applies to all vehicles other than–

(a) aircraft; or

(b) ships or hovercraft in respect of which regulations could be made under section 85 of the Merchant Shipping Act 1995[6] (safety and health on ships), including that section as applied by any Order in Council under section 1(1)(h) of the Hovercraft Act 1968[7] or to persons on any such ships or hovercraft.

Signed by authority of the Secretary of State for Health

Caroline Flint
Minister of State, Department of Health

7th March 2007


EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations, which apply only to England, provide exemptions from the smoke-free requirements of section 2 of the Health Act 2006 and provide for most public and work vehicles to be smoke-free under section 5 of that Act.

Regulation 3 exempts residential accommodation other than any part of it which is shared with other premises or is used solely as a place of work in the circumstances set out in paragraph (1)(b). Paragraph (2) excludes from the meaning of work for this purpose the provision of personal care, assistance with domestic work, the maintenance of the structure or fabric of the building and the installation, maintenance and removal of services.

Regulation 4 exempts designated bedrooms in hotels, guest houses, inns, hostels and members’ clubs. Paragraph (2) defines “designated bedroom” for the purposes of the exemption.

Regulation 5 exempts designated bedrooms and smoking rooms for adults in care homes, hospices and prisons. Paragraph (3) defines “designated room” for the purposes of the exemption.

Regulation 6 provides a personal exemption for persons who are taking part in a performance where the artistic integrity of the performance makes it appropriate for them to smoke. This exemption does not apply to other persons who are present during the performance.

Regulation 7 exempts specialist tobacconists. By paragraph (2) specialist tobacconist has the same meaning as in section 6(2) of the Tobacco Advertising and Promotion Act 2002.

Regulation 8 exempts designated smoking rooms in offshore installations. Paragraph (2) defines “designated room” for the purposes of the exemption.

Regulation 9 exempts designated smoking rooms in research and testing facilities. For the purposes of this exemption paragraph (2) sets out the meaning of research and tests and paragraph (3) defines “designated room”.

Regulation 10 exempts until 1st July 2008 designated rooms for adults in accommodation in mental health units.

Regulation 11 provides for most enclosed vehicles which are used by the public or used for work purposes to be smoke-free, but aircraft and most ships and hovercraft are excluded. “Vehicle” is defined in section 5(5) of the Health Act 2006 to include trains.

A Regulatory Impact Assessment has been prepared for these Regulations and a copy has been placed in the library of each House of Parliament. Copies can be obtained from the Smokefree Legislation Team, Room 712, Department of Health, Wellington House, 133-155 Waterloo Road, London SE1 8UG.

Please all note regulation 11,

Right well we know all that but as it is the local council who enforces it, you have little chance of ever getting caught

AND i have never smoked