Smoking Regulations - Company Vehicles

Gillian Nightingale
Member - 175 posts

All company vehicles are affected by the legislation if they are used by more than one person. In effect pool cars or vans that are used by a number of employees will be required to be smoke-free.

If a car is provided to an employee for work purposes, and is solely for that employee?s own use, and the employee does not transport others it would not be covered by the legislation. But if the employee uses the vehicle to transport clients or colleagues, even if only occasionally, then the vehicle will have to be smoke-free as it will be considered a work vehicle.

Consequently, in the majority of cases company cars and vans will need to display the appropriate signage.

More detail on this and other aspects of the workplace smoking ban are covered in Workplace Law?s recent electronic publication Guide to Smoking Ban 2007 authored by Angela Philip, Barrister at Eversheds LLP. For more information see http://www.workplacelaw.net/eshop/product_info.php?product_id=579&a_id=2919

Philip Jeffs
Member - 291 posts

I've been having a long 'conversation' about this issue with one of our drivers.

Its my view that all of our cars can be driven by any member of staff, and sometimes are to take people to the airport or rail station etc, and are therefore covered by the regulations.

His view is that the car is provided for him alone, and as he has been the only driver (so far) it should be exempt.

Shows how something simple can become complicated when the government steps in?

The biggest problem of course is our Council Tax will now be paying for an army of staff trying to enforce it?

Sharon Craddock
Member - 1 post

We do not have company cars but we do encourage staff to car share when travelling to work and even offer incentives to those that do this. Other members of the firm use their personal cars when travelling between offices or on firm business and again we encourage car sharing in this type of travel aswell. Can anyone advise how we stand on non smokers sharing cars with smokers?

Philip Jeffs
Member - 291 posts

Its my view, reading the regs, that if a private car is used occasionally for work use, but its primary role is for the personal use of the owner, then it is exempt from the regulations. This would mean the driver could smoke in their own car irrespective of anyone else being in there.

This is my opinion of what the regs say, so open to others to agree/disagree?

david brown
Member - 9 posts

My wife uses her own car in her daily work, she has now been informed she must not smoke in her car during office hours whilst out on company business. Is this correct??

Les Lane
Member - 46 posts

I would disagree with Phillip's view on useing private cars as My interpretation is that if the private vehicle is used even on an occasional basis then this is deemed as a workplace and smoking should be banned.

This only goes to show that once again we have legislation introduced that fails to be explicit in its requirements and leads to endless debate amongst the poor individuals who have to ensure the law is implemented.

Gillian Nightingale
Member - 175 posts

There is no guidance on how much use is ?primarily? for the owner of a private vehicle, and this is likely to be determined on a case by case basis. The advice we have is that it would be good practice, until further guidance is available, for anyone who routinely uses their own vehicle to transport colleagues to consider their vehicle smoke-free.

Workplace Law?s recent electronic publication Guide to Smoking Ban 2007 authored by Angela Philip, Barrister at Eversheds LLP gives more information on this. http://www.workplacelaw.net/eshop/product_info.php?product_id=579&a_id=2919

Linda Battye
Member - 5 posts

With regards to company cars that are used solely for the person to whom it is allocated, how will we be able to prove that this is the case? And/or how will the law be able to prove otherwise? It seems to be a very grey area.

Les Lane
Member - 46 posts

A lot of how you will prove the car was for one person only will come from your car policy. If you state the car is issued to that person for their sole use then that would be accepted.

If like in our policy it just says you will be supplied with a vehicle to carry oput the duties then this allows us to manage the fleet and move cars round.

Stephen Hutton
Member - 21 posts

Working north of the border we have, as you know been living and working under the new legislation for the past year. I must tell you of an incident that has happened on more than one occasion.

Driving into work the other day I past a police van- Crimstoppers on the side, and was impressed to see that they had signage regarding the fact that it was a company vehicle and smoking was prohibited. Meanwhile the driver and passenger, one in plain clothes and one in police uniform, were smoking and were oblivious to the sign. Then when finished the window was wound down and the butt thrown out.

What chance do the public have of understanding and implementing changes to the law if the ones who are meant to enforce do not abide?

david brown
Member - 9 posts

My wife uses her own car in her daily work, she has now been informed she must not smoke in her car during office hours whilst out on company business. Is this correct??

Carmen Schmitt
Member - 7 posts

Location of signs: Where do we put the no smoking signs in the company cars? There is nothing in the online guide and I cant get anyone to agree where they can be placed. Some say windows facing out- some the opposite. Can anyone clear this up?

Gillian Nightingale
Member - 175 posts

The Regulations state that ?at least one no-smoking sign is displayed in a prominent position in each compartment of his vehicle?, with the definition of a "compartment" being each part of a vehicle used to accommodate persons which has a roof. On that basis, my view is that the legislation intends the sign to be displayed to people within the vehicle. So signs stuck on the windscreen would not easily be seen by passengers inside the vehicle and would therefore not comply strictly with the legislation; the dash board would be a better position.

Speaking to our local authority, Cambridge City Council confirmed my impression that enforcing authorities are not going to be patrolling the streets looking at cars from the outside in the same way that tax discs are checked by the police. Vehicles that have been designated as smoke-free are likely to be inspected as part of a general inspection of business premises, so I don?t see any necessity to display signs facing outwards as well.

The responsibility for complying with the signage legislation falls to ?any person with management responsibilities for a smoke-free vehicle?, ie. the driver, manager or person in control of the vehicle.

Ian Sainsbury
Member - 1 post

Where do I stand with smoking in a Large Goods Vehicle (LGV) when it is used as a 'Home' i.e sleeping in the Cab away from home from Monday to Friday (and the vehicle is soley for my use, but if I was on Holiday someone else might use the vehicle).

Ian Sainsbury.

David Sharp - Workplace Law Network
Online advisor - 119 posts

Thought people might be interested to know that - in Cambridge at least - while the local authority appears to be inspecting business vehicles such as vans and trucks, they don't seem to be asking about signage in company cars ... a softer approach than was initially given.

PAUL SIMPSON
Member - 1 post

If someone choses to ignore the legislation and smoke in a company vehicle then a non smoker is asked to use that vehicle can the non smoker refuse? What might be the outcome of this ?

Richard Johns
Member - 15 posts

If a non smoker gets in the vehicle after someone smoking in it, they can't legally refuse as there is not risk to their health - its just unpleasant. Refusing to enter the vehicle after may be in breach of contract

Sid Vicious
Member - 1 post

Quote, Gillian Nightingale, Workplace Law Network, 24th May 2007
" If a car is provided to an employee for work purposes, and is solely for that employee?s own use, and the employee does not transport others it would not be covered by the legislation. But if the employee uses the vehicle to transport clients or colleagues, even if only occasionally, then the vehicle will have to be smoke-free as it will be considered a work vehicle."

I have a company car as part of my salary package and as such it is counted as a sole-user vehicle not a pool car and I have to pay tax on it.
However, I am expected to allow colleagues to use the vehicle when needed and sometimes I transport clients in this vehicle so I am no longer allowed to smoke in it as it is technically classed as a work vehicle.

Isn't this double standards?
Either its my vehicle to do with as I please (after all it's costing me a fortune in tax) or its a work vehicle that is available to anyone in the company and therefore should be classed as a pool car in which case I shouldn't be taxed on it?

Diarmuid Fahy
Member - 16 posts

Hi Sid

You're not taxed on your use of the car for business - just on the benefit of having it available for your private use. You could argue, therefore, that during working hours/on business it's just a tool like a computer or a stapler, which I'm sure you'd be happy to share with your colleagues if they needed it :)

Robert Hacon Williams
Member - 65 posts

One aspect that has not been mentioned is that it may be considered "driving whilst not in proper control of the vehicle" if a driver lights a cigar, cigarette or pipe. This is especially so if there is an accident and the driver was smoking.

Colin Double
Member - 1 post

I have a company car and do not smoke ! but my wife does. Is it to be expected that when she is in the car "normally only at weekends or on Holiday" that she is not to smoke ? the car is used 99% of the time for my sole use on business, i am the one who pays tax (albeit as BIK) why does the goverment expect any individual to be curtailed in this way!!!

James Fairchild
Member - 210 posts

Colin,

If you do not smoke but your wife does, then surely you can use this legislation to tell her not to smoke in the car with you?

Re the message above from Richard Johns (6 Dec 2007) - is this really correct? I thought smoke particles stayed around long after the cigarette was extinguished? Anyone care to comment?

Sid Vicious - give up your personal use (inc commuting) of this vehicle and you'll pay no tax.