Car Smoking Banned From Midnight

[joggerjayne]

So the Smoke Free (Private Vehicles) Regulations 2015 come into force at midnight.

Quirks ... (just to make the Police's job REALLY hard!)

The ban applies to motorhomes, obviously ... as long as they are moving. Not if they are stationary.

The ban does not apply to convertibles with the top open. The top on a Fiat 500 Convertible is just a strip down the middle of the roof. But the ban does not apply. Several other cars have an identical opening strip, but call it a full sun roof. The ban does apply.

The ban does not apply to vape sticks. If you put something in your mouth and puff out a cloud of smoke, the Police have a passing instant to spot the difference and decide to stop you.

If a 17 year old and an 18 year old are in a car together, the 17 year old can smoke, but the 18 year old cannot.

Is it an offence to merely "hold" a cigarette? I'm not going to smoke it until I get out of the car. I've just lit the end.

If it is an offence to be holding a lit cigarette, a 17 year old driver can smoke, but if he passes the cigarette to an 18 year old passenger just to hold while he reverses the car, the passenger becomes guilty of an offence.

Or is the passenger okay because it's not his cigarette he's holding? Do the Police also have to work out who is the owner of the cigarette?

The Police Federation have said ...

The law is impracticable and unenforceable. Our officers should not be expected to work as health workers. We are not going to enforce the new law.

Taxpayers' money well spent passing this legislation?

[Mamyalynne]

The enforcement of this law only becomes problematic when we get to the mid to late teens-otherwise I think the Police will mainly be looking for smokers with what are quite clearly children aboard.

Having said all that we shouldn't need this law and yes I am a smoker.

[ummmm]

I remember when mine were in primary school being shocked at the amount of parents that smoked in their cars with younger siblings on board.

Actually I was just as shocked at the amount of parents smoking at the school gates.

[joggerjayne]

On another practical level, has anyone noticed how hard it is to see into a car? Especially when most cars now have tinted glass. One of mine has "privacy glass" so you can see out, but you absolutely can't see in to the back.

And what about window blinds, and sunshades? Will they be banned, so that Police officers can see if you're carrying children?

(presumably "Baby On Board" signs will become less popular!)

[joggerjayne]

Incidentally, I'm not a smoker, and never have been.

[Jackdaw33]

The possible legal ramifications remind me of the case of R v Collins, with which all lawyers will be familiar. Under the Theft Act, 1968, to be convicted of burglary one of the criteria was that the accused had 'entered the building as a trespasser, with intent to commit...' In that case the question arose as to whether sticking your erect willy through an open window constituted entry. The House of Lords decided that it did.

[joggerjayne]

I (and no doubt lots of people) always wondered about the, err ...

Okay so, in Collins, he's on a ladder. So the fronts of his thighs are presumably a bit away from the window frame, because of the external ledge.

Then there's the depth of the window frame itself.

And he was STILL convicted, because he was far enough into the property to, err ...

well, I mean ... it makes you think.

[Jackdaw33]

You mean he had a big 'un?

[Mamyalynne]

Make sure your tinted windows are legit too ,they don't like those that aren't.

[joggerjayne]

Well, not to beat about the bush, so to speak.

[Jackdaw33]

//Well, not to beat about the bush, so to speak.\\

Chortle!

[Mamyalynne]

That's what these guys said they were doing.......



http://tinyurl.com/namsw6g

[joggerjayne]

LOL

[DaisyNonna]

Another law foe the police to ignore
Oops forgot the police are all tucked up in their headquarters and so have no idea what is exactly happening on the streets

[THECORBYLOON]

From the explsnatory memorandum to the Regs,
"7.12 It will not be an offence for an underage person to smoke if they are
alone in a vehicle because of the requirement for there to be more than one
person present for a private vehicle to be smokefree. So, for instance, a car
with a 17 year old driver on their own does not become a smokefree place. But
if there is another person in the car, whether under 18 or over, the vehicle is
smokefree. If the additional person is under 18, then it is important that they
are protected by the legislation. If the additional person is over 18 then it is
important that it is an offence for the adult to smoke."

[joggerjayne]

"If the additional person is over 18 then it is important that it is an offence for the adult (!) to smoke"

So is it also an offence for the minor (ie the 17 year old) to smoke?

[DaisyNonna]

First find a policeman

[ToraToraTora]

yes JJ but in reality the only ones nicked will be those smoking with obvious kids in the car. Plod will ignore all your 16/17/18 permutations on tuesday whilst standing on your head cobblers.

[mikey4444]

Those stupid people that smoke in their cars with kids...here's one !

http://www.bbc.co.uk/news/health-34413716

"My kids are are just going to have to put up with it ! "

Unbelievable !