DRIVING LAWYER

Anton Balkitis Traffic law specialist www.keepmeontheroad.co.uk @keepmeontheroad

FOR the past decade, we have seen an increase in the public health focus on the dangers of passive smoking. Further to the ban on smoking in enclosed public areas, in October 2015 it became a criminal offence to smoke in a vehicle while carrying someone under 18, punishable with a £50 fine.

A recent Freedom of Information request, however, found hardly any police forces across the UK are actually enforcing the law. The findings have shown just three have reported incidents, all of which were dealt with via verbal warnings.

It’s easy to understand troubles in accurately identifying those under age without stopping a vehicle, or acquiring evidence. The law applies if windows are down, but not when in a convertible with the roof down. It’s also legal to smoke e-cigarettes regardless of passengers.

If there’s nobody under 18 in the same vehicle, it’s not an offence to smoke while driving, but if you have an accident or collision, and it emerges you were smoking at the time, it could lead to a charge of careless or dangerous driving if it led to a lapse in concentration. The prospect of harsh penalties for these more serious offences makes smoking at the wheel a very risky option for drivers.