One night last week one of our drivers (not me) had come off the M6 at J19 and going down the A556 towards Manchester Airport. He was doing 50mph (which we all do at 3am…!). He flicked his cigarette end out of the window.
Well, he didn’t know the headlights behind him were a police car…
The plod stopped him just as he got onto the M56. Went through the motions, checked tacho (analogue), he thought they were going to have him for speeding.
The plod asked him “Do you want a ticket for speeding or smoking in the cab?”
He said “Neither.”
Plod: “One or the other or you are having both.”
“Ok then I’ll have a ticket for smoking.”
They fined him £75 for smoking in his cab, then another £75 for littering!!!
He got hit for £150!
Next time you throw cig end out of the window make sure no headlights behind you.
Bit of a strange one this, with a couple of things standing out as to make me wonder if the driver is telling the full story…
The police do not have the responsibility for enforcing the no smoking regulations, that is the responsibility of local authorities. The official enforcement regulations are HERE and section 3 lists who is designated as an enforcement authority for the purposes of the Act, the police aren’t listed. The police may need to be involved in cases of public disorder, threatening behaviour or breaches of the peace but it doesn’t sound as that was the case here.
The penalty for smoking in a vehicle, as set out in the Health Act, is either a fixed penalty notice of £50 which will be discounted to £30 if paid within 15 days from the issue of a notice, or a fine by a court not exceeding level 1 on the standard scale, which is up to £200.
Either he has been fined for something else or he needs to contest the fine for the smoking aspect of the offence as he has been over charged by at least £25 and potentially £45 if he paid within 15 days. Fixed penalties for littering are generally £75 according to this from The Home Office.
Strangely enough I heard an account almost exactly the same as this from another driver about three weeks ago and his tale included the phrases: “Do you want a ticket for speeding or smoking in the cab?”, “Neither” and “One or the other or you are having both.” The amounts in that account were also the same, £75 for smoking in his cab, then another £75 for littering. Is it possible your mate is not being entirely truthful? If he is then he definitely doesn’t want to pay the smoking one as it appears to be wrong.
26 years an Lgv Trainer:
ok so i run my own training business and i run 1 van i am the owner of the van and the only driver of the van… Can i smoke in my vehicle ?
If the van is used in connection with your business then you cannot smoke in it. A friend of mine is a car parking attendant for the local council and uses his own vehicle for which the council pay expenses, when he is on duty he would be breaking the law if he lit up and liable to disiplinary action from the council
26 years an Lgv Trainer:
ok so i run my own training business and i run 1 van i am the owner of the van and the only driver of the van… Can i smoke in my vehicle ?
If the van is used in connection with your business then you cannot smoke in it. A friend of mine is a car parking attendant for the local council and uses his own vehicle for which the council pay expenses, when he is on duty he would be breaking the law if he lit up and liable to disiplinary action from the council
Tiger.
I can smoke in my vehicle as i do not carry any customers and i am the owner and the only driver.
The answer comes from the http://www.smokefreeengland.co.uk they will answer any question if you call them on 0800 587 1667 any queries give them a call.
Fastrantiger:
A friend of mine is a car parking attendant for the local council and uses his own vehicle for which the council pay expenses, when he is on duty he would be breaking the law if he lit up and liable to disiplinary action from the council
Does he use the vehicle more for private use or does he use it more while doing his job. If he uses it more for private use then the regulations wouldn’t apply as the smoke free regulations do not require vehicles used primarily for private purposes to be smoke free. Of course if it is a condition of his employment he doesn’t smoke while in a vehicle then that would be a different mater.
Fastrantiger:
A friend of mine is a car parking attendant for the local council and uses his own vehicle for which the council pay expenses, when he is on duty he would be breaking the law if he lit up and liable to disiplinary action from the council
Does he use the vehicle more for private use or does he use it more while doing his job. If he uses it more for private use then the regulations wouldn’t apply as the smoke free regulations do not require vehicles used primarily for private purposes to be smoke free. Of course if it is a condition of his employment he doesn’t smoke while in a vehicle then that would be a different mater.
Or maybe because… Driving to and from work whilst he he claiming expenses ?
He uses the vehicle primarily for work as the job entails visiting car parks in the area. So when he gets in the vehicle in the morning he is on duty, and is on duty until he arrives home at the end of the day. The vehicle is therefore primarily used for his work and the reason the regulations apply in this case is because from time to time he has another employee with him. Naturaly they abide by the law and dont smoke in the vehicle
Fastrantiger:
A friend of mine is a car parking attendant for the local council and uses his own vehicle for which the council pay expenses, when he is on duty he would be breaking the law if he lit up and liable to disiplinary action from the council
Does he use the vehicle more for private use or does he use it more while doing his job. If he uses it more for private use then the regulations wouldn’t apply as the smoke free regulations do not require vehicles used primarily for private purposes to be smoke free. Of course if it is a condition of his employment he doesn’t smoke while in a vehicle then that would be a different mater.
Or maybe because… Driving to and from work whilst he he claiming expenses ?
Just driving to and from work in his own vehicle, regardless whether he was claiming expenses or not, would mean it was primarily used for private purposes so the regulations wouldn’t apply. Fastranger has said that its primary use isn’t private, he uses it all day, so the regulations do apply.
26 years an Lgv Trainer:
ok so i run my own training business and i run 1 van i am the owner of the van and the only driver of the van… Can i smoke in my vehicle ?
If the van is used in connection with your business then you cannot smoke in it. A friend of mine is a car parking attendant for the local council and uses his own vehicle for which the council pay expenses, when he is on duty he would be breaking the law if he lit up and liable to disiplinary action from the council
Tiger.
I can smoke in my vehicle as i do not carry any customers and i am the owner and the only driver.
The answer comes from the http://www.smokefreeengland.co.uk they will answer any question if you call them on 0800 587 1667 any queries give them a call.
If a MOT tester/service technician has to enter your vehicle at any time, then you can’t smoke in it, thats the law!
If it registered in his name and he is the legal owner of it he can smoke in it,i can smoke in my car and van…I would be more worried about his insurance
If the van is used in connection with your business then you cannot smoke in it. A friend of mine is a car parking attendant for the local council and uses his own vehicle for which the council pay expenses, when he is on duty he would be breaking the law if he lit up and liable to disiplinary action from the council
I would imagine your mate is claiming 40p a mile expencise to cover costs,not the same as a “workplace”
If he is then he definitely doesn’t want to pay the smoking one as it appears to be wrong.
his mate might not be insured