Smoking Ban and Smoke Free Legislation
Smoke-free vehicles
The ban on smoking in public places also applies to any vehicle which is primarily used for work purposes. The information below details how the law applies to different types of vehicles.
Private vehicles
The ban does not affect vehicles which are used wholly or mainly for private use. However, where such vehicles are used for carrying of work colleagues, or for voluntary purposes, you may wish to consider not smoking in the vehicle immediately before and whilst carrying these work colleagues/passengers.
Public transport
Any vehicle used for the transportation of members of the public will be smoke-free at all times - including taxis and buses.
Work vehicles
Vehicles used as a workplace by more than one person (whether or not they are in the vehicle at the same time) are required to be smoke-free at all times. This applies to any vehicle used for work regardless of whether it is a heavy goods vehicle, a delivery van, farming vehicle etc. This protects shift and other workers who use the same vehicle from the health risks of second-hand smoke.
Only vehicles that are enclosed will be required to be smoke-free, i.e. wholly or partly covered by a roof. This means, for example, that a convertible car used for work or public transport is only required to be smoke-free when the top of the car is in place.
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.
Operators of smoke-free vehicles are required to display no smoking signs that conform to the requirements laid down in the regulations. For further guidance on signage, click here
Who is responsible for keeping vehicles smoke-free?
The regulations require the operator, driver or any person on a smoke-free vehicle who is responsible for public order or safety (e.g. guard, ticket inspector, conductor) to have a duty to prevent smoking. This is the same duty as the duty for people having control or concerned in the management of smoke-free premises.
- Last Updated: 08/02/2008
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