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#177076 - 5th Oct 2007 12:37pm No Smoking In Your Car / Work Vehicle
Mark Online   Reading


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Registered: 9th Nov 2003
Posts: 21002
Loc: Wirral
No Smoking In Your Car / Work Vehicle

Okay the title may be a bit OTT but from what we were talking about last night it seems that
the law has now changed and you can now be prosecuted for smoking while driving.

This includes when giving a friend a lift to work.
This includes when your solo in a work vehicle.

At the moment it seems that this is being enforced when

1. You show that your not in control of the vehicle (Swerve or similar)
2. Just an officer being petty.

Now what the facts are at this moment were not sure,
so if any one has any references to this or has links
or more information please share.

As last night we were working from hear say and not facts
so we could be a million miles away from the truth.

Thanks if you can help.
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#177082 - 5th Oct 2007 1:00pm Re: No Smoking In Your Car / Work Vehicle [Re: Mark]
BMW Joe Offline
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Registered: 30th Apr 2006
Posts: 12369
Loc: Birkenhead
THE Driving Standards Agency (DSA), an Executive Agency of the Department for Transport, has updated The Highway Code for the first time in eight years (September 2007). Smoking has now been added to a list of distractions listed in the code that already include:

Loud music
Trying to read maps
Inserting a cassette or CD or tuning a radio
Arguing with your passengers or other road users
Eating and drinking

According to the Department of Transport, a fixed penalty notice could be issued to people who smoke while driving at the discretion of the police.
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#177085 - 5th Oct 2007 1:03pm Re: No Smoking In Your Car / Work Vehicle [Re: Mark]
Mark Online   Reading


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Registered: 9th Nov 2003
Posts: 21002
Loc: Wirral
Highway Code
Linky Poo

Originally Posted By: Highway Code

148

Safe driving and riding needs concentration.

Avoid distractions when driving or riding such as

* loud music (this may mask other sounds)
* trying to read maps
* inserting a cassette or CD or tuning a radio
* arguing with your passengers or other road users
* eating and drinking
* smoking

You MUST NOT smoke in public transport vehicles or in vehicles used for work purposes in certain prescribed circumstances. Separate regulations apply to England, Wales and Scotland.

[Laws TSf(EV) regs 2007, TSfP(W) regs 2007 & TPSCP(S) regs 2006]
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#177107 - 5th Oct 2007 3:48pm Re: No Smoking In Your Car / Work Vehicle [Re: Mark]
MattLFC Offline
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Registered: 14th Aug 2004
Posts: 22315
Loc: Moreton/Beirut/Mobile
That settles that then. Its not just an officer being petty lol. Its the law.

smile

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#177420 - 5th Oct 2007 10:13pm Re: No Smoking In Your Car / Work Vehicle [Re: MattLFC]
jonah Offline
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Registered: 29th Nov 2006
Posts: 3992
Loc: 1313 Mockingbird Lane, I live ...
This from the AA.....


Quote:
Smoking and Driving
New laws will affect people who smoke in vehicles

There are major changes taking place which will affect people who smoke in vehicles.

Scotland, Wales and Northern Ireland already have smoke-free laws applying to vehicles, and England joins them on 1 July. These laws affect drivers, as will references to smoking and driving in the forthcoming new Highway Code, which also carries some legal weight.

Smoke-free laws
The new smoke-free law will require company vehicles to be smoke free at all times if they are used:


to transport members of the public
or in the course of paid or voluntary work by more than one person regardless of whether they are in the vehicle at the same time

In Scotland it is an offence to smoke in any vehicle used for work, unless that vehicle is a car. This rule also applies to vehicles from other parts of the UK.

Smoke-free vehicles must display a no-smoking sign in each compartment of the vehicle in which people can be carried. This must show the international no-smoking symbol no smaller than 70mm in diameter.

When carrying persons, smoke-free vehicles with a roof that can be stowed or removed will not be required to be smoke free when the roof is completely removed or stowed.

Vehicles that are used primarily for private purposes will not be required to be smoke free.

Companies may have policies that make further restrictions on smoking in vehicles.

Highway Code
Meanwhile a new Highway Code is being ratified by Parliament, and is due to be introduced very soon. The draft includes a revised rule 148 which will now affect smokers. This reads:

148: Safe driving and riding needs concentration.

Avoid distractions when driving or riding such as:


loud music (this may mask other sounds)
trying to read maps
inserting a cassette or CD or tuning a radio
eating and drinking
smoking

This rule is the same as the current rule 126 except smoking has been added.

The Highway Code does not make it a specific offence to smoke while driving, any more than it is currently an offence to change a cassette, read a map or eat. However, if any of these behaviours are coupled with bad driving, or lead to an accident, a charge of careless driving, or not being in a position to control the vehicle becomes a distinct possibility. They can also be used to show dangerous driving, an offence which could lead to imprisonment, particularly if the dangerous driving causes a death.

A good comparison would be with using mobile telephones. Being seen to use a hand-held phone is now a specific offence (the new Highway Code will say MUST NOT). Using a hands-free phone is not a specific offence, but provides grounds for a careless or dangerous driving prosecution in the event of erratic driving or an accident.



Edited by jonah (5th Oct 2007 10:15pm)
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#177429 - 5th Oct 2007 10:30pm Re: No Smoking In Your Car / Work Vehicle [Re: jonah]
Mark Online   Reading


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Registered: 9th Nov 2003
Posts: 21002
Loc: Wirral
Sums it up nicely that version.
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#177432 - 5th Oct 2007 10:33pm Re: No Smoking In Your Car / Work Vehicle [Re: Mark]
jonah Offline
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Registered: 29th Nov 2006
Posts: 3992
Loc: 1313 Mockingbird Lane, I live ...
why thankyou sir !
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#177471 - 6th Oct 2007 9:15am Re: No Smoking In Your Car / Work Vehicle [Re: jonah]
MattLFC Offline
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Registered: 14th Aug 2004
Posts: 22315
Loc: Moreton/Beirut/Mobile
Interesting read lol!

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#183945 - 9th Nov 2007 6:23pm Re: No Smoking In Your Car / Work Vehicle [Re: MattLFC]
jonah Offline
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Registered: 29th Nov 2006
Posts: 3992
Loc: 1313 Mockingbird Lane, I live ...
further to this topic. Merseyside Police are now cracking down on drivers smoking in vehicles, not just company ones, but now private ones too ! Anyone caught smoking whilst driving is now subject to an on the spot fine apparently.... especially those driving carelessly who are then discovered to have been smoking...... you have been warned people...be careful ! wink
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#183948 - 9th Nov 2007 6:25pm Re: No Smoking In Your Car / Work Vehicle [Re: jonah]
MattLFC Offline
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Registered: 14th Aug 2004
Posts: 22315
Loc: Moreton/Beirut/Mobile
Yeah its cos the highway code was changed last month, to incorporate quite a few changes.

http://news.bbc.co.uk/1/hi/uk/7017543.stm

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#183958 - 9th Nov 2007 6:45pm Re: No Smoking In Your Car / Work Vehicle [Re: MattLFC]
Mark Online   Reading


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Registered: 9th Nov 2003
Posts: 21002
Loc: Wirral
But its only if you say swerve or something because of that action you take, let it be smoking, tuning the radio or putting on your lippy.

They have more grounds for prosecution frown
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#183967 - 9th Nov 2007 8:05pm Re: No Smoking In Your Car / Work Vehicle [Re: Mark]
jonah Offline
Forum Guardian

Registered: 29th Nov 2006
Posts: 3992
Loc: 1313 Mockingbird Lane, I live ...
apparently not matey, they're now perfectly within thir rights to stop u anyway...
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"WELL MY NUTS ARE HALFWAY UP MY ASS, BUT OTHER THAN THAT I'M PERFECT.....! "

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#183976 - 9th Nov 2007 10:08pm Re: No Smoking In Your Car / Work Vehicle [Re: jonah]
Beemertastic Offline
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Registered: 16th Oct 2007
Posts: 1113
Loc: wirral
Originally Posted By: jonah
further to this topic. Merseyside Police are now cracking down on drivers smoking in vehicles, not just company ones, but now private ones too ! Anyone caught smoking whilst driving is now subject to an on the spot fine apparently.... especially those driving carelessly who are then discovered to have been smoking...... you have been warned people...be careful ! wink

thats News to me!!....
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#183977 - 9th Nov 2007 10:24pm Re: No Smoking In Your Car / Work Vehicle [Re: Beemertastic]
fordsteve Offline
Forum Addict

Registered: 27th Jan 2007
Posts: 2126
Loc: wirral bromborough
what a load of crap i smoke but no one going to stop me smoking in my own car if i want to this country a joke what next not aloud to fart because it harms global warming
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#183980 - 9th Nov 2007 10:38pm Re: No Smoking In Your Car / Work Vehicle [Re: fordsteve]
MattLFC Offline
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Registered: 14th Aug 2004
Posts: 22315
Loc: Moreton/Beirut/Mobile
Originally Posted By: fasterste
what a load of crap i smoke but no one going to stop me smoking in my own car if i want to this country a joke what next not aloud to fart because it harms global warming

Seriously, that was one thing Blair was considering before he fooked off raftl

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