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On-the-spot fine for smoking in his van

On-the-spot fine for smoking in his van

A self-employed painter and decorator has been given a £30 on-the-spot fine for smoking in his own van because it is classified as a workplace.

Gordon Williams, uses the unmarked van to travel to and from jobs, transporting his paint and ladders. But when he went out to buy some teabags for his wife he was stopped as part of a roadside check by  Ceredigion council officials carrying out safety inspections after he was seen ‘lighting up’ a cigarette.

Mr Williams said: “I am dumbfounded. The van is only to get me to and from work. It is not my place of work. I decorate houses, not vans. I can’t see how they can ‘do me’ for smoking in the workplace.”

While smoking is permitted in vehicles used for work purposes that are for the sole use of the driver, poor Mr Williams’ cause was not helped by his wife. Under Regulation 11 of The Smoke-free (Exemptions and Vehicles) Regulations 2007 No 765, a vehicle must be designated as smoke free if at any time a member of the public could be travel in it (whether or not for reward or hire). Mrs Williams freely admitted when she paid the fine: “I use the van myself for shopping trips”.   Oh dear – anyone know a good divorce lawyer!

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