smoking in my own works van is this

[robinwright]

Is smoking permitted in my own works van I'm self employed and carry no passengers.

[BagPussAA]

I would have said that you are fine to smoke but as a guy has just been fined for doing just that I wouldnt risk it!

[buildersmate]

This case was widely reported, and is presumably the basis of your question?
http://news.bbc.co.uk/1/hi/wales/7524526.stm
I don't believe we have heard the last of this and legally it sounds like a test case in the courts is required. I know several guys in a similar position - they use their van for both business and social/domestic purposes. Whilst the logic of the van as being part of the 'place of work' may be correct, this guy was undertaking a social/domestic task when he was caught and fined. I find that hard to believe that issuing the ticket was correct in these circumstances. The guy in Wales may have another problem - he claims not to have insurance for business use for the van.
Until the law is clarified, some official might just try the same on you.

[Ethel]

You certainly can - the aim of the legislation is to protect workers from secondary smoking.

The recent case of the decorator happened because he was in his works van, wearing decorating overalls, carrying a 16 year old passenger who was also wearing overalls.

"Smoking will be permitted in vehicles that are for the sole use of the driver and are not used as a workplace by anyone else, either as a driver or passenger."
http://www.bridgend.gov.uk/Web1/groups/public/ documents/services/045868.hcsp

A test case isn't needed as the legislation itself is very specific on this.

[buildersmate]

Thanks for the additional detail, Ethel. There was 'selective reporting' by the BBC - nothing about the key facts of a second person in the van, and nothing about them being in work-clothes. That case (and that of the above questioner) appears clear-cut.
I still think there is an issue whereby a chap who takes his dual-purpose works van to the seaside with his wife and family (dressed in shorts and T-shirt) on a Sunday apparently cannot smoke in it?

[Ethel]

Yes, BM - had the fined driver divulged all the facts to the papers, there would have been no story to report.

A very interesting discussion on Radio 2's Jeremy Vine Show last Friday