New law: Smoking in cars

As of 1st October 2015, a new law around smoking in cars came into play. It is now illegal to smoke in a private vehicle with anyone under 18 present.

The new legislation from the Department of Health aims to protect children from the effects of second-hand smoke.

The rule applies to all private vehicles that are fully or partially covered by a roof. The only exceptions to the rule are in convertible vehicles where the roof is fully retracted or when the driver is 17 years old and travelling and smoking alone in their own vehicle.

The rule does not solely apply to the driver: if any passenger is smoking in car with someone under 18 years of age present, both the perpetrator AND the driver could face prosecution. It is the driver’s responsibility to stop their passengers smoking with a minor in the vehicle.

The penalties faced by those committing the new offence are a fixed penalty notice of £50, or at the discretion of the enforcement officer, a court referral.

The rules apply to motor homes, camper vans and caravans when they are being used as a vehicle but don’t apply when they are being used as living accommodation. Work vehicles and public transport are already covered by smoke free legislation.

Find out more at www.gov.uk or watch this official animated video for the basic facts:

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Vijay Srivastava

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Vijay heads up the Litigation and Injury team at Wrigley Claydon, where he has worked for over 35 years, amassing a wealth of experience. Many years ago, Vijay was appointed to the Law Society Personal Injury Solicitor Panel as a specialist in injury claims. This has led him to act in many high value injury claims and medical negligence cases. His experience in and knowledge of procedural matters and the interpretation of medico-legal reports and other expert evidence, combined with his friendly but professional approach, enable Vijay to provide a service to clients we believe is second to none.  Vijay advises both Corporate and Private clients on cost-effective ways of bringing and defending claims in the Courts. He has successfully acted on numerous high-value contractual claims and many disputed probate cases.