A new law coming into force tomorrow that makes it illegal to light up in cars with children is not on the top of police ‘to-do list’
Starting tomorrow, police officers will have the power to fine £50 on-the-spot to those smoking in vehicles whilst carrying children. However, this new law will not be enforced by police, as admitted by police chiefs. Instead, violators will be given a warning for first in an effort to educate rather than prosecute.
The new law, as part of the Smoke-Free (Private Vehicles) Regulations Act 2015, will make it an offence to light up in any enclosed vehicle that is found to be carrying persons aged under 18, and allows for officers to pull over anyone committing the said crime and fine them £50 if they are caught, with a fine of up £2,500 placed on drivers if they are taken to court. If the £50 penalty is paid within two weeks, it will subsequently be reduced to £30.
In cases where the passenger is the one who is smoking, both they and the driver will have committed an offence and will both be penalised.
For caravanners, the legislation bans lighting up in a caravan or motorhome only if it is moving, therefore smoking once hitched up should not be an issue. However, if driving in your towcar, you can be fined while the car isn’t in motion if you’re smoking with children in the vehicle.
It will not be a crime to smoke in a convertible with the top down as it is not an enclosed vehicle. A 17-year-old smoking while driving will also not be fined so long as there is no one else under 18 in the car. Electronic cigarettes are also not covered in the legislation because they do not emit toxic fumes. However, as it is impossible to tell whether someone is smoking a cigarette or an electronic version, everyone will run the risk of being stopped.
At least three million children are believed to be exposed to dangerous fumes in their family car and the law, in part, aims to lower this incredibly large number. This approach by police officers to dish out warnings rather than fines is a blow to the ministers who pushed through the legislation on the advice of health experts.
This approach, however, is to be expected as it is understood that private guidance given to chief constables urges them to give motorists at least three months to adjust to the new law so a change in the way the law is handled may still happen.
For now though, the law will be slightly ignored as a spokesman for the National Police Chiefs Council (NPCC) lamented: “Forces will be following guidance from the Chartered Institute of Environmental Health by taking an educational, advisory, and non-confrontational approach.”
Officials do hope that the new law will gradually change the way people drive with smoking in a vehicle with children becoming as socially, and lawfully, unacceptable as drink-driving.
Government chief medical officer, Professor Sally Davies, said: “We want children to grow up free from harm and we need parents to understand why smoking in vehicles is so dangerous. 80 per cent of smoke is invisible so even if you think are being careful you cannot see where the smoke is going.”
What are your thoughts on this new law and the police’s approach to implementation of it? Let us know in the comments below.
