How does the Smokefree legislation that came into force on 1 July 2007 affect drivers?
Drivers need to be aware that the law requires vehicles to be smokefree at all times if they are used either:
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for transporting members of the public, or
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by more than one driver or passenger for work, regardless of whether they are in the vehicle at the same time.
Vehicles are regarded as work vehicles not just when used for paid work but also for voluntary work.
Neither drivers nor passengers are allowed to smoke in smokefree vehicles and the vehicles have to display no-smoking signs wherever drivers or passengers are in enclosed compartments.
There are some exemptions:
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your vehicle is used primarily for private purposes
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it is used solely by you for work
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it has an open cab e.g. golf buggy or tractor
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has its soft top down or removable top taken off
In these cases the vehicle is not smokefree and does not have to comply with the law.
However if your work vehicle is leased to you or your employer it may be smokefree as a condition of the lease. When the vehicle goes back to the lease company they can charge for cleaning or its reduced sale value if you don't keep it smokefree.
The person who has managerial responsibility for a smokefree vehicle, e.g. the owner or fleet manager, has to ensure it has no-smoking signs and is kept smokefree. If the vehicle is not kept smokefree the owner or fleet manager could face prosecution and a hefty fine.
Environmental Health
Guildford Borough Council
Millmead House
Millmead
Guildford
Surrey
GU2 4BB
Tel: 01483 444371
Email: environmentalhealth@guildford.gov.uk