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