Call for rethink of smoke-free vehicle regulations

The Association of Car Fleet Operators (ACFO) said the smoke-free regulations had caused "major concerns" for businesses, particularly as the rules were not the same in different parts of the UK. For example, smoking was allowed in company cars in Scotland, but generally not in England, Wales and Northern Ireland, said ACFO.

In addition, the legislation continually used the word "primarily" in reference to business/private use, with no clear definition as to what that meant in terms of mileage, journeys etc. There were also different requirements governing the use of 'smoke-free' signs in vehicles in the four countries.

ACFO said it had met with Department of Health officials to discuss the various concerns raised by fleet managers in complying with the legislation. It claimed to have received "indications" that the legislation would be reviewed in around three years time.

'Ill thought out'

ACFO chairman Julie Jenner said: "It is very clear that the smoke-free legislation was ill thought out. The difference in the laws in each of the countries, the terms and conditions used in the regulations and the absence of any clear definition of the word 'primarily' all point to a confused situation.

"Due to this confusion many ACFO members have introduced a blanket ban on smoking in all employer-controlled vehicles and - where possible - in privately-owned vehicles driven on business. While this is the safest solution in terms of compliance with all the different rules, it is not always the desired solution."

She added: "It is imperative that uniformity rules and all ambiguities in the current rules are satisfactorily ironed out. ACFO would like to see complete harmonisation and commonality applying to the rules governing smoke-free vehicles across all four countries as soon as possible.

"The smoke-free rules make it particularly onerous for many employers and individual employees working, for example in the north of England and Scotland and the south west of England and Wales, as the rules cover where vehicles are travelling as opposed to where they are based or registered."

Driver 'backlash'

Meanwhile, it has been claimed that fleet managers are facing a "backlash" from some drivers over the regulations, who are refusing to display smoke-free signs in their vehicles. Fleet News reported that several fleet managers were having problems with "stubborn drivers".

Debbie Floyde, fleet manager at Emap, publisher of Fleet News, commented: "It is a task-and-a-half actually getting drivers to display the stickers. All our company car drivers were sent stickers by our leasing company and the amount that now say they are not in receipt of them is incredible.

"Threats and educating them to the fact that they will have to pay fines if caught are the only ways of getting the message over."

Under the regulations, all smokefree premises and vehicles need to display no-smoking signs that meet the requirements of the laws.

Failure to display a smokefree sign in a way that is required can lead to a fixed penalty notice of £200 imposed on whoever manages or occupies the smokefree premises or vehicle, or a maximum fine of £1,000 if convicted by a court.