Driver fined for smoking in van

[Entai]

I have (given my profession, the last thing I want is points on my licence for some daft insurance **** up!) they confirmed to me that I am correct to have my policy as a private car.

My work vehicle is a 44ton HGV thats owned & insured by my employers,so my car insurance is not exactly an issue.

No problem then, a professional driver acting professionally.

To be honest, I would not say that your situation meant that the use of a private car was integral to your job.
There is a lot of difference between a box of maps + bits and bobs, and a van full of ladders, paint, steamers, spray guns, and all the other parafernalia that is needed to be a competamt painter and decorator.

However judging by his protestations he doesn't sound as though he is very competant at anything.

 

[SexyGreyFox]

Not quite, the road traffic act is law, and the highway code is more a guideline of what to do (or not do) in order to not fall foul of the road traffic act.

So are you being a little bit pedantic with the names Road Traffic Act and Highway Code?
One is the law and the other is a book but both say the same thing.
Surely you could give the Highway Code to somebody and say "These are the laws of the road, disobey them and you fall foul of the law"?

 

[pitchfork]

anyway, smoking is disgusting, you stink :]

10 years ago no one gave a damn, whats changed?
I mean end of the 90's no one gave a damn if you smoked in their house even if they weren't smokers.

Also, i'll continue to smoke in my house, the workmen can enter or lose the wages.

 

[swinnie]

Gordon Williams says he will appeal against the £30 fine

That's really a fine!?

 

[SexyGreyFox]

10 years ago no one gave a damn, whats changed?
I mean end of the 90's no one gave a damn if you smoked in their house even if they weren't smokers.

Well I'm a lot older than you and non smokers have always stopped smokers in their houses & cars (not everybody of course).
Nothing has changed except the law.
I must admit thats one of the daftest posts I've ever seen on here, even worse than Magick's.

 

[semi-pro waster]

So are you being a little bit pedantic with the names Road Traffic Act and Highway Code?
One is the law and the other is a book but both say the same thing.
Surely you could give the Highway Code to somebody and say "These are the laws of the road, disobey them and you fall foul of the law"?

Some of what is in there is just good practice rather than a legal requirement per se. It is a bit of a technicality really as if people ignore the Highway Code (even the parts that aren't in the RTA) then they could potentially still be charged for driving without due care and attention or similar.

 

[pitchfork]

That's really a fine!?

For smoking in what is basically your own property you shouldn't be fined in the first place. I mean you're only smoking, you're not taking a dump on a policemans lap.

Maybe things are different around here but no one has ever really stopped me from smoking in their house until recent years.

 

[semi-pro waster]

Maybe things are different around here but no one has ever really stopped me from smoking in their house until recent years.

If you are polite enough to ask then I wouldn't have a problem with it and would get you an ashtray or something suitable, if however you just lit up I'd be telling you to stub it out or go outside - if you are going to be rude about it then so am I.

I still wouldn't stop anyone smoking in my house provided they show me the basic courtesy to ask beforehand, it is no great hassle to open the windows afterwards - I obviously want their company or they wouldn't be in my house in the first place.

 

[AS_Platinum]

You do realise this already happens? If you have a workman coming to your house your not meant to smoke in it for 24 hours before or they can refuse to enter.

I can hardly see that happening, as the customer will just tell them to stick it and get someone else to do the work.

 

[Ben M]

£30? he should get over it.

Quit smoking for two weeks and he'll save that in fags

 

[Doonhamer]

I can hardly see that happening, as the customer will just tell them to stick it and get someone else to do the work.

No doubt there are instances where it will cause more problems for you than them I just cba to think of them.

 

[Werewolf]

For smoking in what is basically your own property you shouldn't be fined in the first place. I mean you're only smoking, you're not taking a dump on a policemans lap.

Maybe things are different around here but no one has ever really stopped me from smoking in their house until recent years.

The problem is, that you then get the problem with employers smoking when most of their staff don't, thus forcing them to put up with it.

The law makes it an offence to smoke in a place of work (with I believe a couple of very specific common sense exceptions*), as smoking in such a situation very often affects those who don't smoke in an adverse manner.
A car/van/bus owned by a company falls under that law because the same thing happens when you've got several people who have to be in the same vehicle for work purposes.

I suspect they don't make a specific exemption under these cases is because it would be more complicated to admin, and probably open to abuse...(also as someone has suggested if the van is "owned" in the company name, it's not strictly his personal property, but belongs to the company in the eyes of the law etc).

Of course, he could have avoided it by not stopping for the council worker who in the eyes of the law has little or no power to request a driver to stop/pull over (no more than my great Aunt Edna of the Blue Rinse) in the first place...


My dad has been a smoker for as long as I can remember (although he has stopped a few times for a year or two at a time), and he's always had to "not smoke" in some people's houses if they don't smoke, or has out of courtesy gone outside to light up depending on who he's visiting.

And yes, for non smokers, smoking is often a fairly filthy, smelly habit that can be very offensive, especially when you get people who ignore the fact that others don't smoke and show little or no consideration for them (but some non smokers are just as bad in their anti smoking tirades/behaviour towards smokers).


*IIRC certain institutions are exempt because residents might smoke (I think psychiatric hospitals etc still have the exemption).

 

[platinum87]

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

why theres no difference? you can smoke and drive at the same time easily, you can even keep it at 10-2 position for 95% of the time...

and the correct way to drive is 1 hand on wheel and 1 hand on gear/s.. id only think youd need the second hand if your too weak to turn the wheel.

 

[Coolasmoo]

The guy has nobody else using the vehicle but himself then he should be free to smoke , How he insured his vehicle has nothng to do with the discussion.

Young lads stabbing people = **** happens

Smoke in your van = fine and public flogging

im glad i dont smoke but i dont care what a smoker does in his/her own property

 

[semi-pro waster]

and the correct way to drive is 1 hand on wheel and 1 hand on gear/s.. id only think youd need the second hand if your too weak to turn the wheel.

Have you passed your test? Because if not I'd suggest you don't try driving with one hand on the wheel and one on the gearstick if you want to pass, what people do after passing their test isn't always good practice. I'm also going to go out on a limb and say even if you do drive you've not driven a car without power assisted steering because some are difficult to steer without using both hands and that isn't a sign of weakness.

 

[platinum87]

Have you passed your test? Because if not I'd suggest you don't try driving with one hand on the wheel and one on the gearstick if you want to pass, what people do after passing their test isn't always good practice. I'm also going to go out on a limb and say even if you do drive you've not driven a car without power assisted steering because some are difficult to steer without using both hands and that isn't a sign of weakness.

Yea i acted like a total mug and passed the test, after that i drove properly.

the test way to drive isnt proper driving, its slow and stupid driving for old people and women... you need your hand so you can switch the gears and i dont feel the need to use two hands 95% of the time. And yes 2 hands without P/S but thats only when your parking etc.. while actually driving its still very easy to move it with only pushing the wheel forward and shifting (if you know what i mean), i dont Grip the wheel i slide it.

but fk this, its about smoking and like someone said before, if only he uses the car, and other people in the company dont mind, then its fine. and having only a few here and there (if he gets stressed) its ok and wont smell for long.

 

[Biohazard]

Have you passed your test? Because if not I'd suggest you don't try driving with one hand on the wheel and one on the gearstick if you want to pass, what people do after passing their test isn't always good practice. I'm also going to go out on a limb and say even if you do drive you've not driven a car without power assisted steering because some are difficult to steer without using both hands and that isn't a sign of weakness.

Yes it is.

I have driven plenty non power assisted cars, and have even pulled tyres froms rims and low speeds with one arm.

 

[SexyGreyFox]

why theres no difference? you can smoke and drive at the same time easily, you can even keep it at 10-2 position for 95% of the time...

You can easily drink a cup of tea while driving, or a woman can easily put her make up while driving or even use your mobile while driving but it doesn't make it safe.

and the correct way to drive is 1 hand on wheel and 1 hand on gear/s..

What
Its been a long time but that can't be true.

 

[Morba]

I carry around with me a large box that contains about 200 A-Z's, Kettle, DVD Player, Voltage dropper (24V - 12V), DVD's, Gloves, bulbs, Fuses, etc etc etc
99% of the time I don't need most if any of it, the one time I leave the box at home, or in the car, I find myself needing my kent A-Z or whatever.

Sods law tbh!

then to me you are doing something different to the owner of the van in question. so not comparable.

 

[Morba]

10 years ago no one gave a damn, whats changed?
I mean end of the 90's no one gave a damn if you smoked in their house even if they weren't smokers.

Also, i'll continue to smoke in my house, the workmen can enter or lose the wages.

I've always given a damn. I have never liked the smell of smokers and never will. It was never acceptable to me.