Driver fined for smoking in van

http://news.bbc.co.uk/1/hi/wales/7524526.stm

Why they are making such a fuss about this I dont understand as the guy shouldnt of been smoking whilst driving in any case as it is now illegal.
Riever

Wrong smoking while driving is not illega, it's just not recomended in the highway code, the highway code does not equal the law.

back on topic, the law on smoking in comapny vehicles is ridiculous and I don't even smoke.
 
suppose it would depend on whether he has to carry employees in his van, if only he ever goes in it then it seems a bit daft

having said that I beleive smoking while driving should be illegal anyway
 
i think this is the beginning of the end? who's to tell this poor schlub what he can and can't do inside his own van, providing it isn't endangering himself or other road users?
 
Isn't it illegal to smoke in work vans now or is it just at the companies discretion?

EDIT - just read the story. If the van is insured for personal use only, what right do they have to fine him?
 
Isn't it illegal to smoke in work vans now or is it just at the companies discretion?

EDIT - just read the story. If the van is insured for personal use only, what right do they have to fine him?

Potentially incorrectly insured ;]
 
I am sure that if you do 60 in a 30, you are breaking the law.

True but I think the point was meant to be that not all of what is recommended in the Highway Code is law.

Isn't it illegal to smoke in work vans now or is it just at the companies discretion?

EDIT - just read the story. If the van is insured for personal use only, what right do they have to fine him?

He might have the wrong insurance if it is an integral part of his job (he'd be lucky to heft his ladders, paints, trestles etc about without it). Although I do think this is unnecessary really, if the van is for his own private use and he is not putting his employees (if any) in a smokey environment then he should be allowed to smoke there.
 
True but I think the point was meant to be that not all of what is recommended in the Highway Code is law.



He might have the wrong insurance if it is an integral part of his job (he'd be lucky to heft his ladders, paints, trestles etc about without it). Although I do think this is unnecessary really, if the van is for his own private use and he is not putting his employees (if any) in a smokey environment then he should be allowed to smoke there.

You make a good point, If he fights it, they may question his insurance, probably cause more trouble than its worth.
 
The Highway Code is not law, but it does include many points of law (denoted by the word must in bold type).

However failing to observe the code, while not in itself an offence, may be taken as evidence of 'driving without due care', a catch-all charge covering the many types of blithering stupidity perpetrated by the vast majority of road users.

In law, of course, ignorance is no defence, so even if you haven't read the Highway Code for 20 years you can still be prosecuted for new offences.

A more serious point underlies this: many motorists are guilty of a fundamental lack of attention. We have ALL done one or more of the following while driving (myself included), talk, make phone calls, smoke, tune the radio, change the CD, re program the Sat Nav, unwrap sweets, check the delivery sheet address, - all things which take our attention away from the road.

At 56mph a car covers 25m every second - in the time it takes to change a CD you might take your eyes off the road and travel over 100m. At night, on dipped headlights, you can see about 75m. That means you can't afford to take your eyes off the road at all, because the distance you can see to be clear is about the same as your stopping distance. And you should know all this because it's all in the Highway Code.

At the end of the day however, if people don't even know how dangerous their behaviour is, they won't change it.
 
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This was his personal vehicle not his place of work, so it's totally wrong for him to be fined. If it had been his work van and other employees were using it, I agree that people shouldn't smoke in this situation.
 
This was his personal vehicle not his place of work, so it's totally wrong for him to be fined. If it had been his work van and other employees were using it, I agree that people shouldn't smoke in this situation.

that depends on how the court would see 'work place'.
Work place is a primary static place. if he drives to the office and leaves his van there then cool.
If he drives to wherever he is working day by day, which changes per job, then it will be seen as a work vehicle, especially as he will be carrying all his equipment.
 
I saw this story this morning. Not sure why he made a fuss, everyone knows you can't smoke in company vehicles, and if he's managed to blag his insurance as non company, he should keep quiet!
 
having said that I beleive smoking while driving should be illegal anyway

Indeed, we arent allowed to use mobiles, and we arent even allowed to drink from a water bottle if we are dehydrated, yet somehow smokers have been getting away with lighting up in their cars for all this time, how does that even make sense? How is taking a cigerette out of a packet, lighting it, then flicking the ash etc, any more safe than talking on your phone?
 
I saw this story this morning. Not sure why he made a fuss, everyone knows you can't smoke in company vehicles, and if he's managed to blag his insurance as non company, he should keep quiet!

"Blag his insurance as non company"? Personal insurance allows people to travel from their domestic abode to their place of work, which is what he was doing!

we arent even allowed to drink from a water bottle if we are dehydrated

Really?
 
"Blag his insurance as non company"? Personal insurance allows people to travel from their domestic abode to their place of work, which is what he was doing!



Really?

place of work implies a static place of work over a longer period of time. not wherever your job happens to be that day.
 
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