Smoking in hire car - fine

Guest101

cr1mson wrote: »

The Smoke-free (Exemptions and Vehicles) Regulations 2007

11.—(1) Subject to the following paragraphs of this regulation, an enclosed vehicle and any enclosed part of a vehicle is smoke-free if it is used—

(a)by members of the public or a section of the public (whether or not for reward or hire)

I could be wrong of course, but to me that reads the lieks of: buses, coaches etc. The public don't have access to a private hire car.

Car_54

Guest101 wrote: »

I could be wrong of course, but to me that reads the lieks of: buses, coaches etc. The public don't have access to a private hire car.

Of course they do. They have to pay a fare to do so, but that's no different from a bus.

Guest101

Car_54 wrote: »

Of course they do. They have to pay a fare to do so, but that's no different from a bus.

I disagree, it's not a fare for exclusive hire and use of a vehicle when using a bus.


I'd be interested in case law on this.

AdrianC

Guest101 wrote: »

I could be wrong of course, but to me that reads the lieks of: buses, coaches etc. The public don't have access to a private hire car.

With taxis, buses and coaches, smoking would be banned anyway, as it's the driver's workplace - in the same way as it's banned in pubs because it's the barstaff's workplace.

Car_54

Guest101 wrote: »

I disagree, it's not a fare for exclusive hire and use of a vehicle when using a bus.


I'd be interested in case law on this.

No need for case law. The Health Act 2006 (under which these regulations were made) is pretty clear:

"Premises are 'open to the public' if the public or a section of the public has access to them, whether by invitation or not, and whether by payment or not."

Guest101

Car_54 wrote: »

No need for case law. The Health Act 2006 (under which these regulations were made) is pretty clear:

"Premises are 'open to the public' if the public or a section of the public has access to them, whether by invitation or not, and whether by payment or not."

That's not clear in the slightest.


Number one a vehicles is not a 'premises'
Number two the public or a section of the public does not have access to hire vehicle

Guest101

AdrianC wrote: »

With taxis, buses and coaches, smoking would be banned anyway, as it's the driver's workplace - in the same way as it's banned in pubs because it's the barstaff's workplace.

True enough, but the law is not always linear. Often there may be multiple section and acts for the same 'crime'.


However, I think the length of the lease would come into it.

BeenThroughItAll

Guest101 wrote: »

That's not clear in the slightest.


Number one a vehicles is not a 'premises'
Number two the public or a section of the public does not have access to hire vehicle

I'm a member of the public, and I definitely remember having access to a hire vehicle at least seven or eight times this year alone.

Car_54

Guest101 wrote: »

That's not clear in the slightest.


Number one a vehicles is not a 'premises'
Number two the public or a section of the public does not have access to hire vehicle

1. Possibly not, but it would be absurd to apply a different definition of "public" to a vehicle.

I say possibly because the Health and Safety at Work Act 1974 specifically defines "premises" to include "any vehicle, vessel, aircraft or hovercraft".

2. Who do you imagine uses those thousands of hire vehicles if not the public? They have access "by payment" as per the Act.

Fat_Walt

Car_54 wrote: »

1. Possibly not, but it would be absurd to apply a different definition of "public" to a vehicle.

I say possibly because the Health and Safety at Work Act 1974 specifically defines "premises" to include "any vehicle, vessel, aircraft or hovercraft".

2. Who do you imagine uses those thousands of hire vehicles if not the public? They have access "by payment" as per the Act.

Car_54 wrote: »

No need for case law. The Health Act 2006 (under which these regulations were made) is pretty clear:

"Premises are 'open to the public' if the public or a section of the public has access to them, whether by invitation or not, and whether by payment or not."

So if you hire a car any member of the public has access to it?