The company has a duty to prevent smoking in smoke free vehicles (the penalty for breach is a maximum fine of £2,500 on conviction). Compliance requires the taking of reasonable steps, which might include (in addition to displaying signs)
Removing ashtrays. Introducing a smoke free policy
Training of staff to understand the new law and their responsibilities under it (individuals caught can be issued with a fixed penalty notice of £50 (or £30 if paid within 15 days) or a maximum fine of £200 on conviction.
Examples of the smoking ban
A privately owned car used occasionally for business purposes is exempt A car shared by one or more employees but only ever used by one at a time (a pool car) is covered by the ban and must be smoke free at all times A van used by two employees, one who smokes and another who doesn’t is covered by the ban and must be smoke free at all times A vehicle used by two employees all of whom smoke is covered by the ban and must be smoke free at all times
Smoking Ban – Company vehicles
All vehicles covered by the ban should display no-smoking signs (the no-smoking symbol at least 70mm in diameter for England, Wales, Northern Ireland and 75mm in diameter for Scotland) in each compartment of the vehicle in which people can sit (penalty for non- compliance is a fixed penalty notice of £200 (or £150 if paid within 15 days) or a maximum fine of £1000 if convicted by a court).
Driving and Using Electronic Cigarettes
The use of any electronic (e-cigarettes) is prohibited from all company vehicles as detailed in Section 1 of the Road Traffic Act 1988 Dangerous Driving provides that the offence is committed when the user of the vehicle or the person who has control of the vehicle when using a hand-held mobile phone or other hand-held electronic equipment a cigarette or similar where the driver was avoidably distracted by that use.
Smoking is not permitted in commercial vehicles
Individuals may be fined a fixed penalty of £50
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