Can you smoke in a company convertible?
Discussion
plasticpig said:
Only if you have the top down.
We looked into this for our company, apparently with the top down it is no longer "an ENCLOSED public accesable place" therefore not covered
Whole law is pretty stupid the way its done IMO
Commercial vehicles such as vans are a total nono, even on your own
Our H&S Manager reads the law to mean that:
All enclosed public places and workplaces including company cars, pool and hire cars are no smoking zones under the Act.
Where a vehicle is used as a workplace by more than one person, regardless of whether they are in the vehicle at the same time, it will have to be smoke-free at all times. This is meant to protect people who use the vehicle from second-hand smoke, regardless of when they use the vehicle.
Drivers of convertible cars are exempt as long as the roof is down when they or their passengers are smoking (but this is not an exemption to the 'pool car' rule above).
Smoking will be allowed in vehicles that are for the sole use of the driver and are not used by anyone else, either as a driver or passenger.
Even if all the people using a shared car are smokers, the legislation requires them not to smoke in the car.
Private vehicles are exempt unless another employee is in the car, in which case there should be no smoking for that particular journey (unless by mutual agreement).
Streaky
All enclosed public places and workplaces including company cars, pool and hire cars are no smoking zones under the Act.
Where a vehicle is used as a workplace by more than one person, regardless of whether they are in the vehicle at the same time, it will have to be smoke-free at all times. This is meant to protect people who use the vehicle from second-hand smoke, regardless of when they use the vehicle.
Drivers of convertible cars are exempt as long as the roof is down when they or their passengers are smoking (but this is not an exemption to the 'pool car' rule above).
Smoking will be allowed in vehicles that are for the sole use of the driver and are not used by anyone else, either as a driver or passenger.
Even if all the people using a shared car are smokers, the legislation requires them not to smoke in the car.
Private vehicles are exempt unless another employee is in the car, in which case there should be no smoking for that particular journey (unless by mutual agreement).
Streaky
It's f*cking pathetic if you ask me. There really are more important issues to worry about than whether someone smokes in a car. It's one of those 'unenforceable laws' like the child seat one a couple of years ago. Are they going to stop every smoker and say, "Excuse me sir, I see you're having a fag - can you tell me if this is a company vehicle?"
No.
Seriously needs to be revoked and common sense applied.
No.
Seriously needs to be revoked and common sense applied.
tigger1 said:
streaky said:
Private vehicles are exempt unless another employee is in the car, in which case there should be no smoking for that particular journey (unless by mutual agreement).
That's stupid.I'm sure that if you gave them the option of getting out and walking and they took it, you would not be contravening the Health Act 2006.
I'm also certain that by not taking the getting out and walking option they would be giving their consent to you smoking in your vehicle. Thus you can smoke having reached mutual agreement.
I'm also certain that by not taking the getting out and walking option they would be giving their consent to you smoking in your vehicle. Thus you can smoke having reached mutual agreement.
Edited by Steven Toy on Saturday 21st July 06:04
streaky said:
Even if all the people using a shared car are smokers, the legislation requires them not to smoke in the car.
Private vehicles are exempt unless another employee is in the car, in which case there should be no smoking for that particular journey (unless by mutual agreement).
A) that's fvcking stupid.Private vehicles are exempt unless another employee is in the car, in which case there should be no smoking for that particular journey (unless by mutual agreement).
B) it's fvcking stupid
C) it's stupid
D) If you're in MY car, you'll breathe MY smoke whatever the circumstances - if you don't like it, don't fvcking get in.
E) If both employees smoke, they'll BOTH take great delight in sticking two fingers up to the Nanny State by sparking up.
F) The Government are tw@ts.
jeffsy said:
streaky said:
Private vehicles are exempt unless another employee is in the car, in which case there should be no smoking for that particular journey (unless by mutual agreement).
What if its an employee of another Company, not yours? 
)- StreakyFunk said:
streaky said:
Even if all the people using a shared car are smokers, the legislation requires them not to smoke in the car.
Private vehicles are exempt unless another employee is in the car, in which case there should be no smoking for that particular journey (unless by mutual agreement).
A) that's fvcking stupid.Private vehicles are exempt unless another employee is in the car, in which case there should be no smoking for that particular journey (unless by mutual agreement).
...
D) If you're in MY car, you'll breathe MY smoke whatever the circumstances - if you don't like it, don't fvcking get in.
...
F) The Government are tw@ts.
king stupid it might be, but check your company policy on (not) smoking, you might find it's a disciplinary offence not to comply (D). WRT (F), no issues there 
- Streakystreaky said:
Funk said:
streaky said:
Even if all the people using a shared car are smokers, the legislation requires them not to smoke in the car.
Private vehicles are exempt unless another employee is in the car, in which case there should be no smoking for that particular journey (unless by mutual agreement).
A) that's fvcking stupid.Private vehicles are exempt unless another employee is in the car, in which case there should be no smoking for that particular journey (unless by mutual agreement).
...
D) If you're in MY car, you'll breathe MY smoke whatever the circumstances - if you don't like it, don't fvcking get in.
...
F) The Government are tw@ts.
king stupid it might be, but check your company policy on (not) smoking, you might find it's a disciplinary offence not to comply (D). WRT (F), no issues there - Streaky
ETA: and I was predominantly referring to the use of private car for work purposes - who are they to tell me that I can't smoke in my own car? They don't own it, they have no control over it. So I'll smoke if I damn well want to!
Edited by Funk on Sunday 22 July 12:01
dont smoke, tried it when 5 years old - dad gave me one to put me off, tried at 13 or so and never liked it since
got zero problem with people smoking in my personal car, as long as the fag and their head remained outside, they got the hint and smoked when we stopped...
now got company car and not allowed for anyone to smoke, i cna see the point if a pool car, but not when it is personal company car that no-one else uses
always thought it somewhat unsafe to have to open the cig packet with one hand, then get lighter with another to light the thing, whilst of course keeping at least one hand on the wheel at all times...
got zero problem with people smoking in my personal car, as long as the fag and their head remained outside, they got the hint and smoked when we stopped...
now got company car and not allowed for anyone to smoke, i cna see the point if a pool car, but not when it is personal company car that no-one else uses
always thought it somewhat unsafe to have to open the cig packet with one hand, then get lighter with another to light the thing, whilst of course keeping at least one hand on the wheel at all times...
esselte said:
TheCarpetCleaner said:
Commercial vehicles such as vans are a total nono, even on your own
Does that include rental vans...(I suppose so but...)
NO of course NOT!!!! If you have the hood down you will call all the poor sods behind you oin the M25 with your second-hand smoke.
What is wrong with you man!!!! Have you no consideration for the children, the birds, the bees the ozone layer?
Turn yourself in to the Thought Crime Police now just for thinking it!!!
On second thought you don't have to-their Google like 'web crawlers' will have already detected your post and you will be receiveing a NIP in 7-10 days.
What is wrong with you man!!!! Have you no consideration for the children, the birds, the bees the ozone layer?
Turn yourself in to the Thought Crime Police now just for thinking it!!!
On second thought you don't have to-their Google like 'web crawlers' will have already detected your post and you will be receiveing a NIP in 7-10 days.
ThePassenger said:
On the other hand how do you prove "mutual consent"? I turn to someone as we're whizzing along the rode and say "mind if I smoke?" they say "nahh, just wind the windows down."
Nothing on paper to say we agreed.
Ah, but you need to plan ahead for such eventualities.Nothing on paper to say we agreed.
Get a contract drawn up in advance to cover such situations, and have them sign it!
It's just another load of bollox from a busybody government.
Best wishes all,
Dave.
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