CIEH busy drafting enforcement guidance to prohibit smoking in cars with minors

The CIEH is busy developing guidance to help officials in England enforce the new legislation making it an offence for people to smoke in private cars when young people are present.  

Smoking in cars with children 

From 1 October 2015 the Smoke-free (Private Vehicles) Regulations 2015 will extend the existing smokefree laws, which make public places, workplaces and work vehicles smokefree, to make it an offence for someone to smoke in a private vehicle with someone under the age of 18 present.

It will also be an offence for the driver to fail to stop a passenger smoking when a young person is present in a private vehicle. If caught, both the driver and the smoker can be issued with a £50 fixed penalty notice.

The CIEH is busy developing the guidance for enforcement officers and has been working in close partnership with the Department of Health and Public Health England.

The guidance will be set-out in a succinct document and include:

  • Background to the legislation
  • Overall approach and enforcement policy
  • The enforcement agencies and authorised officers responsible for applying the new legislation
  • The legislative requirements relating to smokefree vehicles
  • Offences and defences available
  • The enforcement actions which can be taken

It should be noted that electronic cigarettes and all forms of nicotine vaporisers are not included within the definition of smoking.

The enforcement guidelines will be published on 18 September and will be available on the CIEH website for everyone to view and download.

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