No smoking in fleet cars
In the UK new smoking legislation was introduced on Sunday 1st July 2007. The purpose of this new legislation is to protect people in enclosed public places and workplaces from the harmful effects of second-hand smoke.
The new laws will affect almost all employers in the UK and therefore organisations need to fully understand the impact it will have on them. One of the most important considerations is the impact on company vehicles as most of these will be designated as a workplace and must be smoke-free under the new laws.
What types of vehicles does the law apply to?
The law applies to all vehicles provided by an employer, i.e. company cars, vans and other commercial vehicles. The law does not apply to privately owned vehicles even though they may be used for business travel.
What exceptions are there?
The only exceptions for company vehicles are as follows:
- convertible vehicles where the roof is down when the driver or their passengers are smoking
- vehicles provided for the sole use of the driver and not used by anybody else either as a driver or as a passenger
What do employers need to do?
Under the act, employers, managers and those in charge of smoke-free premises and vehicles will need to:
- identify areas where smoking will constitute an offence and display ‘no smoking’ signs
- take reasonable steps to ensure that staff, customers and visitors are aware that premises and vehicles are legally required to be smoke-free and ensure that no-one smokes in smoke-free premises or vehicles
- provide suitable guidance in staff handbooks and invoke disciplinary proceedings if necessary
Signage
Stickers or signs must be displayed in company vehicles that are designated as smoke-free. These must display the international no smoking symbol and be no less than 70mm in diameter. All stickers or signs must be clearly visible on entering the vehicle.
These stickers are contain the following text:
"This is a no smoking vehicle. It is an offence to knowingly permit smoking in this vehicle. A penalty may be incurred. If you observe someone smoking in this vehicle, a complaint may be made to ....."
Offences and penalties
The penalty for smoking in a smoke-free premises or vehicle is a fixed penalty notice of £50 or fine of up to £200.
For failing to display no smoking signs in smoke-free premises and vehicles as required by the legislation the fine is a fixed penalty notice of £200 or a fine of up to £1,000. For failing to prevent smoking in a smoke-free premises or vehicle there is a fine of up to £2,500.
This information is supply courtesy of Intelligent Fleet. Intelligent Fleet is a specialist fleet consultancy aimed at providing leading-edge solutions to UK businesses.
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