whats the crack about smoking in cab driving or stopping, is it up to employer or if your the same person driving same cab everyday or a no no
AFAIK it’s no, unless you own the vehicle and nobody else ever uses it, which in your case wouldn’t be true as it’s a company vehicle, so someone will at some point need to get inside it.
As above gothika,
a complete infringement of smokers human rights, our grandparents fought for our freedom and now we aint free to do very much, apart from pay MORE BLOODY taxes!
And yes I know today is National No Smoking Day!
The law has been ‘relaxed’ a little. If you are the only driver of that vehicle then it is, with company permission, ok to smoke in it. However, a mechanic, who does not smoke, can refuse legally to get in it. I dont think this is likely to happen in reality.
However, a mechanic, who does not smoke, can refuse legally to get in it. I dont think this is likely to happen in reality.
It would happen if I was the mechanic. Filthy, nasty disgusting thing to do. Ban 'em I say.
I dont really think many people take much notice of it.
You 'll only have a problem if/when some jobsworth refuses to drive it. 
any excuse nowadays 
ROG:
The law has been ‘relaxed’ a little. If you are the only driver of that vehicle then it is, with company permission, ok to smoke in it. However, a mechanic, who does not smoke, can refuse legally to get in it. I dont think this is likely to happen in reality.
Do you have a link to this information m8, as far as I’m aware it’s still illegal to smoke in the cab and you can still be prosecuted for it, I could be wrong though 
It all depends on where you are in the UK, but it’s broadly the same.
Two links:
Just don’t get caught! 
its disgusting that a driver who eats, sleeps and occasionaly works in his cab is denied his only pleasure in life.
I’m am ex smoker and i’ve never been bothered other peoples smoke.
davedb67:
its disgusting that a driver who eats, sleeps and occasionaly works in his cab is denied his only pleasure in life.
I’m am ex smoker and i’ve never been bothered other peoples smoke.
Blimey m8, that’s one sad life someone’s having 
tachograph:
ROG:
The law has been ‘relaxed’ a little. If you are the only driver of that vehicle then it is, with company permission, ok to smoke in it. However, a mechanic, who does not smoke, can refuse legally to get in it. I dont think this is likely to happen in reality.Do you have a link to this information m8, as far as I’m aware it’s still illegal to smoke in the cab and you can still be prosecuted for it, I could be wrong though
Do the regulations include all work vehicles?
Where a vehicle is used for work by more than one person, regardless of whether they are in the vehicle at the same time, it will be required to be smokefree at all times. This protects all who use the vehicle from harmful secondhand smoke, regardless of when they use the vehicle.
Smoking will be 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.
My understanding of the regulation is that a relief driver who covers for illness or holidays, and fitters who repair or service vehicles are regarded as people who use the vehicle as a place of work, all be it only occasionally, therefore for all practical purposes the vehicle cab is a no smoking place at all times.
The Office of Public Sector Information:
PART 3 Vehicles
Enclosed vehicles11.–(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
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.
If the relief driver is a smoker. then no prob. A mate of mine was at an agency in leicester last week and he overheard an employer asking for a driver who smokes to relieve - dunno if they got one
I have to agree with tachograph. Unless a person has exclusive use to a vehicle then it is has to be no smoking. An agency asking for a smoking driver is out of order in my opinion, as the mere fact that he is a replacement driver means that the vehicle’s usual driver does not have exclusive use.
In effect I believe that all vehicles are no smoking areas.
ROG:
Smoking will be 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. [/b]
Which by definition rules out every company vehicle, unless the driver never has holidays, never has a day off sick, delivers it and collects it from servicing, takes it for MOT and takes it for a road test, instead of the fitter doing so, after any servicing or repair work. Even an Owner Driver couldn’t guarantee this unless he never wanted a fitter in the cab to repair any defects or wanted it road testing after service. He would also have to drive it in and out of the workshop, which could prevent it being serviced as many places only allow their workforce in the workshop.
ROG:
If the relief driver is a smoker. then no prob. A mate of mine was at an agency in leicester last week and he overheard an employer asking for a driver who smokes to relieve - dunno if they got one
The old “what a mate heard” syndrome then 
tachograph:
ROG:
If the relief driver is a smoker. then no prob. A mate of mine was at an agency in leicester last week and he overheard an employer asking for a driver who smokes to relieve - dunno if they got oneThe old “what a mate heard” syndrome then
OK, his name is Tony G. and he was in the offices of Taskforce on Granby street 
i worked for a logistics company when the ban came out, all drivers were told not to smoke in their cabs even if they were tramping as the vehicles were at the call of the planners 24/7 and that they may have to put another driver in the vehicle, some objected and they were asked if they wanted any holidays that year as the company could not afford to have a vehicle taken off the road as it were for the driver to have his leave.
any cab which had been smoked in prevous to the ban was valeted so that all cabs were clean(ish)
so there position was no company vehicle was to be smoked in, how they check this I dunno as it would be very difficult to monitor,
though I do feel it may be unfair to ask a tramper not to smoke in his vehicle whilst he is away from home all week but its also unfair to request a non smoker to use the vehicle to cover holidays ect and i think legally the non smoker would have a point.
as to the solution who knows but i,m sure smokers will carry on doing what they do and non smokers will carry on doing what they do
i think it should be banned in my opinion, and people smoking while driving should get the same fine as someone using their phone while driving, smokers get too many benefits, they put little shelters up outside in factory yards for them to stand in to shelter from the rain and the cold, paid for by the company, do non smokers get any bonus cos they dont smoke? NO!! smokers get smoke breaks when at the end of the day they are no more than drug addicts addicted to nicotine, u dont see alcoholics getting breaks to feed their addiction so why should smokers get all the allowances, a man that rolls his own ■■■■ if u added that time up it takes him to roll his ■■■■ over the year christ knows how many lost work hours that is, i say smokers are given far too many benefits and allowances as it is, the smoking ban should have been harder!!
hotrod_boogie:
i think it should be banned in my opinion, and people smoking while driving should get the same fine as someone using their phone while driving, smokers get too many benefits, they put little shelters up outside in factory yards for them to stand in to shelter from the rain and the cold, paid for by the company, do non smokers get any bonus cos they dont smoke? NO!! smokers get smoke breaks when at the end of the day they are no more than drug addicts addicted to nicotine, u dont see alcoholics getting breaks to feed their addiction so why should smokers get all the allowances, a man that rolls his own ■■■■ if u added that time up it takes him to roll his ■■■■ over the year christ knows how many lost work hours that is, i say smokers are given far too many benefits and allowances as it is, the smoking ban should have been harder!!
You are talking from your bum, without all the tax that smokers pay, you would not have a NHS or Lesbian victim support in all the London boroughs.
So the next time your kids need a doctor you can think of us badly done to smokers who subsidise your healthcare