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.