Car smoking ban comes into force

New legislation has come into force today (1st October) which makes it an offence to smoke in a vehicle containing a person under the age of 18.

The Smoke-Free (Private Vehicles) Regulations 2015 has been introduced to protect children from the harms of second-hand smoke.

It is now an offence to smoke in a private vehicle with someone under the age of 18 present, and if you are the driver, to fail to prevent smoking in your vehicle with someone under-18 present.

It is not an offence for someone under-18 to smoke in a vehicle alone due the legal requirement for there to be more than one person present for the vehicle to be smoke-free.

The law will apply to motor homes, campervans and caravans when being used as a vehicle but not when used as a home.

A convertible with the roof completely down and stowed is not enclosed and therefore the legislation will not apply. It will however apply to a vehicle with a sunroof open and where someone is sitting in a vehicle with the door open.

The new rules do not apply to e-cigarettes, and does not affect those vehicles already covered as smoke-free by existing law (such as taxis and buses).

Inspector Richard Pryce, the roads policing lead for the Force, said: “If a Police officers witness a person smoking in a vehicle with a person under the age of 18 present, then the driver of that car could be fined £50.

“Whilst the penalty for the offence is fixed, officers will use professional judgment and discretion to advise and educate where it is justifiable to do so. We are not encouraging the public the report such instances to the police. 

“This new law has been introduced to help protect children from second hand smoke. Advice is available on the NHS website for people who may wish to review lifestyle choices around smoking.”