Smoking bans in private vehicles

Smoking bans in private vehicles are enacted to protect passengers from secondhand smoke and to increase road traffic safety, e.g. by preventing the driver from being distracted by the act of smoking. Private vehicles are used by individuals for personal transportation; smoking bans in private vehicles are less common than bans extended to public transport or vehicles used during work, like trucks or police cars.

Traffic security

The acts of looking for, reaching for, and then lighting cigarettes can considerably distract the driver. A burning cigarette or marijuana joint that has fallen into the driver's lap might lead to panic-like reactions. Cigarette stubs thrown out of a window pose a serious fire threat. Some serious traffic accidents in Germany are known to have been caused by a lit cigarette.[1] Some German tribunals have commented on the imprudence of smoking while driving.[2] Smoking may be compared to using a cell phone while driving, which is also banned in some jurisdictions.

Protection from secondhand smoke

More recently, the dangers of secondhand smoke have seen more attention, and smoking in a car (whether in motion or not) is banned in some jurisdictions as a measure against passive smoking. Some laws stipulate that such a ban applies only when a passenger is under a certain age. A research study showed that after smoking one cigarette in a car, the time required for respirable particles' concentration to return to its initial value, depending on car movement cases, windows positions and ventilation settings, varies between 10 and 60 minutes.[3]

Wildfires

Cigarettes or cigarette litter thrown out of the window of cars moving through a vegetated area (particularly during the hot season) is one of the causes of wildfires or bushfires. A southern France firefighters' department statistic attributes 16% of local bushfires to cigarette litter thrown out of moving vehicles (and 13.8% to cigarette litter from pedestrians).[4]

Jurisdictions with a smoking ban in private vehicles

Australia

In the Australian Capital Territory, a smoking ban in cars with minors under the age of 16 has existed since May 2012. An on the spot fine of 250 Australian dollars will be applicable, or court fines up to 5,500 Australian dollars.[5]

In New South Wales a smoking ban in cars with minors under the age of 16 has existed since July 2009. There is an on the spot fine of 250 Australian dollars for drivers or passengers, with a maximum fine of 1,100 Australian dollars if disputed.[6]

In Queensland a smoking ban in cars with minors under the age of 16 has existed since January 2010. There is an on the spot fine of 200 Australian dollars.[7]

In South Australia a smoking ban in cars with minors under the age of 16 has existed since May 2007. Fines range from 75 to 200 Australian dollars.[8]

In Tasmania a smoking ban in cars with minors under the age of 18 has existed since 1 January 2008. There is a 110 Australian dollar on the spot fine.[9]

In Victoria a smoking ban in cars with minors under the age of 18 has existed since 1 January 2010.[10]

In Western Australia a smoking ban in cars with minors under the age of 17 has existed since 22 September 2010.[11]

In the Northern Territory a smoking ban in cars with minors under the age of 16 has existed since December 2014, the last jurisdiction in Australia to do so.[12]

Bahrain

Since 13 April 2009, smoking in cars with accompanying children is banned in Bahrain.[13]

Canada

Smoking with anyone under the age of 16 present in a vehicle is currently banned in the Provinces of Alberta, British Columbia, Newfoundland and Labrador, Manitoba, Ontario, New Brunswick, Prince Edward Island, Saskatchewan and Yukon Territory.[14][15][16][17] Smoking is banned in vehicles with persons under the age of 19 present in Nova Scotia.[18][19]

Cyprus

On Cyprus smoking in vehicles with minors under the age of 16 is prohibited.[20][21]

France

It is forbidden to smoke in private vehicles in the presence of children under the age of 12 since 2015.

Mauritius

On Mauritius smoking is prohibited in any car carrying passengers, since 2008.[13]

South Africa

A law prohibiting smoking in private vehicles with minors under the age of 12 has been voted.[22]

United Arab Emirates

On 6 January 2010, a federal law (superseding the smoking bans which already existed in most of the emirates) was signed. Among other provisions, it introduces a Smoking ban in private vehicles in the presence of children under the age of 12.[23]

United Kingdom

On 1 October 2015, smoking in vehicles with passengers under 18 was banned in England and Wales, except in convertibles.[24] It is also illegal for drivers under the age of 18 to allow other passengers to smoke in their car, regardless of their age – however drivers under the age of 18 will be permitted to smoke in their car as long as no passengers are present.[25] It is a criminal offence for any driver to fail to stop a passenger illegally smoking in the car while a passenger under the age of 18 is present.

Bans are not yet in force in Scotland or Northern Ireland.

In the UK there are now laws against smoking in vans that are used for work activities. Different parts of the UK have different regulations with Scotland being the first country in the Union to enforce these restrictions. With each part of the UK having subtle differences when it comes to smoking in work vans it is important to understand these, it could cost you or your company a fair bit. Some useful information that explains the regulations can be found on http://www.vanleasing.com/ who ensure all customers are made aware of the new regulations across the UK.

Jersey

In Jersey smoking has been banned in all vehicles carrying passengers under the age of 18. Drivers under the age of 18 (the legal driving age in Jersey is 17) are also forbidden to smoke whilst in their own vehicles, even if they are the only passengers. The law came into force on 1 September 2015,[26] after debate in the States Assembly and is the first place in the British Isles to enact a ban of this sort.[27]

United States

A smoking ban in cars with children is being tested in the states of Arkansas (<14), California (<18), Louisiana (<13), Maine (<16), Ohio, Oregon (<18), Puerto Rico (<13), Utah (<15), Vermont (<8), and Virginia (<8).

It is banned in certain counties and cities of Hawaii, Indiana, Kansas, New Jersey, New York, Kentucky,[28] and Alabama.

Planned smoking bans in private vehicles

Finland

Finland intends to ban smoking in cars while children are present. Furthermore, smoking in places where children are present is to be banned generally.[29]

Ireland

Irish anti-smoking campaigners and scientists are urging the government to introduce such a ban.[30][31] In July 2011 the Minister for Health revealed that he was considering a ban where children are present in the car.[32]

The senator and oncologist John Crown has put bill before parliament to ban smoking in a car with children.[33][34]

Israel

In Israel the introduction of a smoking ban in cars is being discussed in the Knesset.[35]

Netherlands

Similar plans exist in the Netherlands.[36]

Taiwan

Main article: Smoking in Taiwan

Taiwan plans to ban smoking while driving a car, riding a bike or walking on a sidewalk.[37][38] The rationale is the concern about traffic security and air pollution.

References

  1. ↑ SWR: Diskussion – Rauchen im Auto (in German)
  2. ↑ German tribunal (in German)
  3. ↑ Saber, E.M.; Bazargan, M. (2011). "Dynamic behavior modeling of cigarette smoke particles inside the car cabin with different ventilation scenarios". International Journal of Environmental Science and Technology. 8 (4): 747–764. doi:10.1007/BF03326259.
  4. ↑ Cigarette litter: pollution, fires, accidents (in French)
  5. ↑ "Legislation to ban smoking in public spaces", by Tobacco in Australia
  6. ↑ Tobacco Retailing Laws, by the Government of New South Wales
  7. ↑ Queensland
  8. ↑ "Fines for smoking in cars with children", by the Government of South Australia
  9. ↑ "Smoking banned in cars in Tasmania" in The Australian
  10. ↑ "Ban on smoking in cars with children", by the Government of Victoria
  11. ↑ "Smokefree in vehicles with children", by the Government of Western Australia
  12. ↑
  13. 1 2 GASP
  14. ↑ 18 March 2009
  15. ↑ 15 July 2010
  16. ↑ 17 October 2009
  17. ↑ 7 October 2010
  18. ↑ Nova Scotia bans smoking in cars with children as of April 1 21 March 2008
  19. ↑ http://www.health.alberta.ca/initiatives/tobacco-reduction.html
  20. ↑ Cyprus (The Independent)
  21. ↑ Our Cyprus
  22. ↑ South Afrika
  23. ↑ UAE
  24. ↑ "England bans smoking in cars with children", BBC News
  25. ↑ Meikle, James. "Motorists alerted over upcoming ban on smoking in cars to prevent surge in fines". the Guardian. Retrieved 23 September 2015.
  26. ↑
  27. ↑ BBC Jersey - Smoking banned in cars with children (18 July 2014)
  28. ↑ http://www.whas11.com/news/local/shepherdsville-city-council-bans-smoking-in-cars-with-kids/185023628
  29. ↑ Finland
  30. ↑ ASH Ireland
  31. ↑ Irish Health
  32. ↑ Children on board? Smoking in cars may be banned
  33. ↑
  34. ↑
  35. ↑ Israel
  36. ↑ ASH Ireland (Netherlands mentioned)
  37. ↑ "Taiwan aims to ban smoking while walking". Bangkok Post. 11/12/2009. Check date values in: |date= (help)
  38. ↑ Taiwan bans smoking while walking
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