Rules about smoking in private vehicles
From 1 October 2015, private vehicles must be smokefree if they are enclosed, there is more than one person present and one of them is under 18.
So it will be an offence:
- for a person of any age to smoke in a private vehicle that is carrying someone who is under 18
- for a driver (including a provisional driver) not to stop someone smoking in these circumstances
The rules don’t apply to e-cigarettes.
2.1 Penalties
The fixed penalty notice fine for both offences is £50. Somebody who commits both offences could get 2 fines. Private vehicles must be carrying more than one person to be smokefree so somebody who is 17 and smoking alone in a private vehicle won’t be committing an offence.
Enforcement officers (usually the police) will use their discretion to decide whether to issue a warning or a fixed penalty notice, or whether to refer an offence to court.
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