Can a Taxi / Mini Cab Driver Smoke in Their Own Vehicle When No Customers are Present?

According to the Smoke Free law any and all vehicles used for work purposes, from occasional use to regular transportation must remain smoke free at all times. The purpose of this is for the passenger to know absolutely that they will be able to remain free from the risk of second hand smoke exposure.

To read more of the Smoke Free (Exemptions and Vehicles) Regulations click here.

Are All Work Vehicles Included in the Smoke Free Vehicle Regulations

When any vehicle is used by one or more individual, whether they are in the vehicle at the same time or not the legislation states that this vehicle must remain a smoke free zone. The purpose of this is to ensure that anyone who uses the vehicle, at any time may be certain that they are travelling in a completely smoke free vehicle.

While personal vehicles that are also used as work vehicles, even for voluntary work must remain smoke free at all times there is no provision under the legislation for private vehicle that are not used for work purposes to be smoke free.

Where Two Smokers Share a Work Vehicle

If two colleagues share the same company transport, both smoke and both want to smoke in the vehicle is this permitted? The answer to this question is no. The law has been set up to protect non-smokers and smokers alike from second hand smoke exposure and so all work vehicles must remain smoke free at all times.

Does the Smoke Free Law Say I Can’t Smoke in My Own Vehicle

There is no part of the Smoke Free legislation that dictates that individuals can’t smoke in their own cars, provided they are not used in any way for work purposes.

If I Used My Own Car for Voluntary Work must it Remain Smoke Free

Vehicles that are used mainly for private purposes and are not classed as work vehicles don’t fall under smoke free legislation therefore don’t need to be smoke free.

Is Smoking on Train Platforms Allowed When the Platforms are Open

ATOC (the Association of Train Operator Companies) and Network Rail introduced their own no smoking policies in support of the Smoke Free legislation. This means that no smoking is permitted not only on the trains as per the regulations set out by the government but also in the train stations, offices, waiting rooms, cafes or indeed any railway property, all of which is classed as a workplace.

Some railway station forecourts and car parks which are uncovered will still permit smoking however if in any doubt visitors should check for signage and ask staff for clarification.