The law and smoking in vehicles: Northern Ireland

The Smoking (Northern Ireland) Order 2006 becomes law from 30 April 2007.

It is similar to the Health Act in England and in Wales.

However, it is more far-reaching than Scotland’s Smoking, Health and Social Care Bill. This became law in March 2006 and applies to all commercial vehicles. This includes businesses operating outside Scotland but crossing into the country.

Essentially the Northern Ireland Order covers all business cars and business vans if they are used by more than one person.

It also means, for example, that all daily rental cars and daily rental vans must be smokefree and display a no-smoking sign.

So what does the law require?

The new Smoking Order for Northern Ireland requires all cars and vans to be smokefree if:

• they are used by members of the public; or
• during the course of paid or voluntary work the vehicle is used by more than one person – even if this is at different times;
• qualifying vehicles must display a no-smoking sign.

Business drivers travelling to the Province must also comply with the legislation.

The law does not apply to private cars used on business. Unless the business mileage is in excess of 50% of the annual mileage – in which case it will apply if passengers or business colleagues are carried.

The penalties for non-compliance include:

• A £30 fine for smoking in a non-smoking vehicle – rising to £200 if prosecuted
• Management failure to display a no-smoking sign in a vehicle - £150 rising to £1000 if prosecuted
• Company failure to prevent smoking in a smokefree area: £2500

Further information can be found at www.spacetobreathe.org.uk