Lunacy, Absolute Lunacy.

[jambutty]

“A painter and decorator from Ceredigion says he is "dumbfounded" after being slapped with a £30 fine for smoking a cigarette in his own van.”

There he was sat in his van having a fag when some “jobsworth” clown comes up and slaps a fixed penalty on him for smoking in his workplace.

Can someone explain to me how a van can be called a workplace? Was he painting the van or slapping wallpaper on the inside? No he was having a break from work.

[emzy]

Its crazy, going off that it would mean that I could get done for having a fag in my fellas van because he uses it for work and it is signwritten at the mo, its stupid

[BERNADETTE]

If it is a work van you are not allowed to smoke in it!

[WillowTheWhisp]

This is another one of those petty pathetic rules which can be taken to extreme. The original rule for not being permitted to smoke in a work vehicle was the same as smoking in factories and offices - because it affects other people. If there are several workmates using the one van then it follows that smoking in that van should no more be permitted than it would in an office. But if the guy was self employed and only him used the van then it's barmy. Who else is it going to affect? Unless of course the smell of smoke on his overalls is a problem when he goes to decorate someone's house. Maybe in that case they should request a non-smoker decorator.

[emzy]

Would have thought it be slightly different if you are self emplyed and it is your recreational vehical but also used for work

[WillowTheWhisp]

Maybe he's allowed to smoke in it on his day off!

[entwisi]

Posted via Mobile Device

Yep work vehicles are non smoking areas as they are classed as workplaces.

[emzy]

Am guessing that would mean though the vehicle would have to be registered to the business and not to the person?

[MikeSz]

Unfortunately - the Labour party dont understand common sense and seek to control every element of your life through over bearing regulation. Im all for laws that are three for a good reason though im affraid now that well known catch-phrase for the labour party has morphed into "regulation, regulation, regulation!"

[katex]

Was a bit more complicated than this. He stated that he had not even started work, and had just popped out for some teabags.

Also, the car was not registered as a business vehicle, only private, and the Insurance Certificate is what the Welsh courts wish to see. Mind you, if he is off-setting the van against tax is a different matter.

He has paid the fine ('cos would have increased to £50 within a couple of weeks if not paid), but is obviously appealing against it.

He was with another self-employed painter/decorator too... a 16 year old who himself was smoking.

Even the 'experts' interviewed were a little unclear as the exact law on this ... and was Wales, which could make a difference.

[jaysay]

I think the point is being missed here, there is nobody more anti smoking than me, but its like JB said some jobsworth getting his rocks of. On the whole the smoking ban is a good thing, from my point of veiw, but its taken to far in a lot of cases. I live in a block of 4 flats, if I wanted I could smoke in my home, but if I went to my front door and stood in the lobby I would be breaking the law, and HH have put notices up stating as much

[derekgas]

The decorator will have got a ticket because he had a mate with him, if the van is used by more than one person, you cannot smoke in it at any time, whether the other person is a smoker or not, if you are the sole user of the van, you can smoke in it, I smoke and the staff are both smokers and non smokers, we have one vehicle that is no smoking! And that is how the law allows us to operate! The warden was over zealous, it is stupid that if you both smoke, you cant smoke because another smoker uses the van, common sense should apply, but why let that get in the way of commission? If they are going to be so pedantic, better move all the smoking areas from pubs to 15 metres from the entrance, as the law states!

[lancsdave]

An even bigger farce is that it appears to be a postcode fine system. a bloke from Accrington was fined £50 for it the other week.

Pendle Borough Council - Accrington man fined for smoking in company van

[panther]

I take it this also applies to delivery parcel vans too?
If so, then why do i sometimes get parcels stinking of fags?....I think though that not been able to have a fag in your van is daft, ya dont work in it, the public dont use it, so whats the problem, all this no smoking malarkey is getting stupid!, its just another way for the goverent to rob us blind

[katex]

Another thing Derekgas .... have asked a couple of workmen recently (who did actually smoke), like the decorator, and asked if the householder would be allowed to smoke whilst he was in their house .. as this would become a place of work. They didn't appear to know, said did usually go out to their van to have a fag if the householder would not let them obviously, but you go into private property, so just wondered if you came to fix my boiler, could you ask me to refrain ? ... like the social workers who may call.