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Smoking in cars used for work to be banned
By David Millward, Transport Editor
Last Updated: 2:55am GMT 29/12/2007

Motorists could be banned from smoking behind the wheel of their own cars while driving them as part of their job, it has emerged.

French smoking ban a threat to cafe culture
Around five million people use their own cars for work but the current law covering smoking in such vehicles is complex.

Cigarettes are banned in company cars when passengers are carried, which means taxi drivers cannot smoke. However, sales representatives still can light up if they are the only person using the vehicle.

There is greater confusion when it comes to private cars. Smoking is banned if the vehicle is mainly used for work - but not if it is mainly private.

How the boundary between personal and business use is defined is unclear, so the Government is considering closing this loophole, which can leave some non-smokers exposed to cigarette fumes, despite the ban on smoking in the workplace.

A review of the smoking ban legislation is set for 2010 when ministers will consider whether the law should be tightened.

Health campaigners believe a complete ban when a car is used for work would make the law clearer and provide protection for non-smokers.

Action on Smoking and Health welcomed the idea. "There is an acceptance that passive smoking is harmful," said Amanda Sandford, ASH's spokesman.

"The vast majority of smokers would not want to inflict their tobacco on others against their will.

"Further restrictions would be welcome and we would like it to be extended to children when they are passengers."

The review will be carried out against a hardening of Whitehall's attitude towards smoking at the wheel, which was deemed a distraction in the updated Highway Code.

This means smokers could be prosecuted for driving without due care and attention.

Prof Richard West, the Government's leading smoking adviser, has called for a complete ban on smoking at the wheel.

He said: "It may seem draconian but the Government should legislate."

There is an acceptance that passive smoking is harmful

NOW THEY WANT A BAN ON SMOKING IN CARS

Saturday December 29,2007
By Alison Little, Deputy Political Editor

DRIVERS who smoke face more nanny-state interference after a top Government adviser yesterday called for a ban on lighting up behind the wheel.

Professor Robert West admitted the measure might seem “draconian” but said it would protect passengers’ health and remove a “major cause” of road accidents.

He is the latest figure to call for the nationwide ban on tobacco in enclosed public spaces and workplaces – including commercial vehicles such as taxis – to be extended to private cars.

Local authority road safety officers lobbied for it in May, saying smoking while driving could be a fatal distraction and pose a fire risk.

But critics have said it would deny people the freedom to act as they choose in their own personal space.

Professor West, an expert on tobacco addiction, said the public smoking ban which went national in July had succeeded, but ministers must go further.

“It may seem draconian, but the Government should legislate against drivers who smoke.

“Not only is this a major cause of accidents but passengers are at huge risk of the effects of passive smoking.” In September, the Highway Code added smoking to the list of “distractions” to be avoided, along with eating and drinking.

Police and lawyers can cite the Code in court if prosecuting a traffic offence, although it carries no legal force.

A Brunel University study concluded that car crashes could rise with drivers smoking now that they cannot do so in public places. They said smokers drove 23 per cent faster and were less consistent than non-smokers.

But the Government insisted last night that it had no plans to extend the smoking ban to private cars.

The Transport Department said the Highway Code made it clear that smoking while driving was a distraction to be avoided.

It was a matter for the police and courts as to how to deal with motorists caught without proper control of their vehicle for any reason, which could include smoking.

“But we are not making smoking in private vehicles illegal. It is guidance and advice to drivers to stay safe that they should not smoke but it is not illegal,” added the spokesman.

Professor West was speaking ahead of the launch on Monday of a new Department of Health campaign aimed at “macho” smokers who are reluctant to seek NHS help to quit.

There is an acceptance that passive smoking is harmful

if you work from/at home are you allowed a fag?

Smoking has been banned in my car for ages