Nothing better to do?
- Thread starter Shytalkz
- Start date
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Bit confused over this one.
As far as I know, the Law is correctly quoted in the article. That is to say that a person cannot smoke in a vehicle which is used for work purposes if anyone else [either as driver or passenger] would also be using the same vehicle for work purposes.
Hence my mate's indignation at not being allowed to smoke at work in his HGV because the tractor unit is also used by other drivers and works passengers.
As far as I am aware, this man is the only one who uses his van FOR WORKS PURPOSES. Whilst he uses it to take his wife shopping etc, SHE is not using it for works purposes. Therefore, where in Law does it prevent a person smoking in a vehicle when it is never used by anyone else for WORKS purposes??
If the van was used from time to time by other drivers or by fellow works persons//apprentices then I could see the offence but I don't see this case as being against the law as it currently stands.
The law states;
Employees who have a company vehicle for their sole use may not smoke while carrying colleagues for work purposes
Employees who have a company vehicle for their sole use may smoke while carrying colleagues to and from a place of work, as these journeys are counted as private use [didn't know that one!!]
The argument//debate over smoking whilst driving and thereby being distracted is a separate one. There is no law against it BUT a person MAY be found guilty of driving without reasonable consideration//due care and attention whilst doing so. I don't know of any yet but there have been high profile cases on similar lines as in the 'eating an apple' case.
This man was fined for smoking in a 'workplace' and not for driving WDC.
As I see it, the van in question is a workplace but it is NOT used by anyone else for works purposes so no offence under the smoking legislation.
As far as I know, the Law is correctly quoted in the article. That is to say that a person cannot smoke in a vehicle which is used for work purposes if anyone else [either as driver or passenger] would also be using the same vehicle for work purposes.
Hence my mate's indignation at not being allowed to smoke at work in his HGV because the tractor unit is also used by other drivers and works passengers.
As far as I am aware, this man is the only one who uses his van FOR WORKS PURPOSES. Whilst he uses it to take his wife shopping etc, SHE is not using it for works purposes. Therefore, where in Law does it prevent a person smoking in a vehicle when it is never used by anyone else for WORKS purposes??
If the van was used from time to time by other drivers or by fellow works persons//apprentices then I could see the offence but I don't see this case as being against the law as it currently stands.
The law states;
Employees who have a company vehicle for their sole use may not smoke while carrying colleagues for work purposes
Employees who have a company vehicle for their sole use may smoke while carrying colleagues to and from a place of work, as these journeys are counted as private use [didn't know that one!!]
The argument//debate over smoking whilst driving and thereby being distracted is a separate one. There is no law against it BUT a person MAY be found guilty of driving without reasonable consideration//due care and attention whilst doing so. I don't know of any yet but there have been high profile cases on similar lines as in the 'eating an apple' case.
This man was fined for smoking in a 'workplace' and not for driving WDC.
As I see it, the van in question is a workplace but it is NOT used by anyone else for works purposes so no offence under the smoking legislation.
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What are your sources for this info?
Does he smoke?
DH,
HSE link for E& No Smoking Law and relevant FAQ is here;
http://www.smokefreeengland.co.uk/faq/vehicles.html
The Welsh legislation is nigh on identical on a separate site but their advice states;
Vehicles
The smoke-free legislation covers vehicles which are used to transport
the public or which are used by more than one employee in carrying out
work duties – even if this use is at different times or only intermittently.However, private vehicles (i.e. vehicles which are used primarily for
private purposes by persons who own them or have a right to use them
in an unrestricted way) are not required to be smoke-free.
HSE link for E& No Smoking Law and relevant FAQ is here;
http://www.smokefreeengland.co.uk/faq/vehicles.html
The Welsh legislation is nigh on identical on a separate site but their advice states;
Vehicles
The smoke-free legislation covers vehicles which are used to transport
the public or which are used by more than one employee in carrying out
work duties – even if this use is at different times or only intermittently.However, private vehicles (i.e. vehicles which are used primarily for
private purposes by persons who own them or have a right to use them
in an unrestricted way) are not required to be smoke-free.
The answer to why he was fined is easy.
He was stoped by police in North Wales. (now a police state)
We have a dictator as a Chief Constable, Richard Brunstrom. A total reject from other police forces, now we end up paying the price.
This person is a total lunatic that needs sectioning under the mental health act. Unfortunately he hides behind an uniform and thrives on controversy.
His street pawns are amongst the most corrupt in the country. They are well coached the fine art of fabricating evidence, harassment ,bulling, and every other devious means of humiliating members of the public.
So when in North Wales be on your guard, because if you don't side with the politically correct lunatics you will be fined.
He was stoped by police in North Wales. (now a police state)
We have a dictator as a Chief Constable, Richard Brunstrom. A total reject from other police forces, now we end up paying the price.
This person is a total lunatic that needs sectioning under the mental health act. Unfortunately he hides behind an uniform and thrives on controversy.
His street pawns are amongst the most corrupt in the country. They are well coached the fine art of fabricating evidence, harassment ,bulling, and every other devious means of humiliating members of the public.
So when in North Wales be on your guard, because if you don't side with the politically correct lunatics you will be fined.
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