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!
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.