If you smoke on public transport where you shouldn’t – and where a fine is imposed – it will cost you a £50 fixed penalty, £30 if paid promptly. But if proposals from the Department of Health go through, drivers may face a £2,500 maximum fine (level 4) for not enforcing a smoking ban on buses.
According to consultation on the Smoke Free (Exemptions & Vehicles) regulations (an annex to the Health Bill), the government wishes to ensure all public transport is smoke free. Fair enough because most of it is, already. But, according to Transit, there could be a duty on “any person on the vehicle who is responsible for order and safety on it” to enforce a smoking ban. That means a driver. Failure could mean a level 4 fine. Yet, a driver attempting to take such action in some circumstances is likely to end up with a bloody nose.
Contrast this requirement with the responsibility of a coach driver to enforce the wearing of seat belts where fitted – there is no responsibility.
It’s all in the “Smoke-free Premises & Vehicles” consultation. Check the date; it isn’t April 1st.
At one point, there were plans to ban smoking in bus shelters. Presumably, drivers would have been responsible for this, too.
Wednesday, 18 October 2006
Fined £2,500?
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5 comments:
In Scotland we have had a smoking ban since Mar 06, and smoking is banned in some bus shelters, i think if they are more than 50% enclosed. Each shelter has been assesed, and those where smoking is banned have a sign displayed telling smokers this. There is also a phone number for people to call if they see someone smoking there.
Also, there are signs on bus cabs warning against smoking there. Here in Edinburgh smoking on the bus is not much of a problem but it might be in other cities. Overall people are respecting the ban everywhere.
Come on England, you can do it too!!
Ah an oh so virtuous post which completely misses the point.
It isn't a case of whether "we can do it" or not, but of the legal equity of forcing a driver (and by such draconian methods) to be responsible for enforcing the smoking ban...how's he supposed to see what goes on at the back of a crowded double deck? Or an articulated bus?
Even supposing he sees how's he supposed to enforce? A driver who leaves his cab to sort out a gang of young smokers is frankly a mug...he'll get his head kicked in and his till stolen just like that.
As a regular passenger I'd far rather my driver was keeping his eyes on the road and not on his internal mirrors/periscope.
Plymouth City Council has stated it is to ban smokers from all bus shelters from 1st December. Already some shelters in the city centre have no smkoking messages. Also the main bus stops at Derriford Hospital come within the hospital smoking exclusion zone with lots of notices plastered all over the place. As a result of this ban - just about the only people who do smoke at the bus stops - are the bus drivers!
Thank you both for your comments. It seems England has much to learn from Scotland though I trust I haven’t painted too severe a picture south of the border. My experience is that fewer now smoke on buses than ever before. There’s a lot of passenger pressure these days, when someone smokes.
Sorry if the original post seemed frivolous or virtuous, Cogidubnus. Smoking, where it is otherwise banned (which is most places), is just another issue that puts ordinary people off travelling by public transport. The small minority who do it unravel the hard work of so many partnerships and industry staff, including bus drivers.
The point of the post, though, was that there is too high an expectation on what a driver can reasonably do. The driver *is* legally responsible for passengers but it’s not reasonable of the government to expect them to act in a way that places them in more danger than they are already. Any operator risk assessment would probably show that a driver would do well to leave a smoker well alone, yet the government’s view seems to be contrary to this.
Interesting point by DBG. If drivers cannot (legally!) smoke in the cab, where else can they enjoy a quick puff if not at a bus stop or terminus? Does anyone enforce no smoking at the Plymouth hospital?
my comments on the oh so virtuous "post" referred to anonymous's comment rather than the published item - I'll try to be clearer in future
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