GOING UP IN SMOKE

19/03/2009
Gordon Williams, a painter and decorator from Ceredigion, Wales, was recently fined £30 for smoking in his work van. His wife paid the fine for fear of it rising to £50, as threatened in the penalty ticket.
 
 

Many of you will be familiar with the smoke-free laws that apply in the UK. Indeed, although it is a controversial subject, most people agree that workers should not be exposed to other people's smoke. 

However, it seems that Mr Williams was travelling alone and therefore the only person's health that was suffering was his own.
 
Thankfully, the Welsh Assembly has provided people in Mr Williams' position with a lifeline. The regulations made by the Assembly clearly state that a vehicle does not need to be smoke-free if it is not used for work purposes by more than one person. In other words, if Mr Williams can show that he is the only worker that uses that vehicle, then he is allowed to smoke in it and does not need to display no smoking signs. It does not matter if other people use the van for non-work purposes, such as his wife being carried as a passenger. Identical provisions from the Secretary of State for Health apply in England.
 
Mr Williams has stated that he will be appealing the penalty ticket despite paying it. We urge him to challenge his local authority in order to curb the ticket-happy council officials who issue them without exercising common sense, and whose only response is "You can appeal".

Jeremy Scott is a Regulatory Solicitor with the Regulatory & Corporate Defence Unit at Langleys. He can be contacted on 01904 610886.
 
 
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