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The smoking gun
Page 18
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In a few weeks, Scottish drivers will no longer be allowed to smoke in their vehicles. But will the law be enforceable? Chris Tindall reports.
The Scottish Executive's website devoted to banning smoking in the workplace displays the number of days left until the legislation is enforced. By the time you read this it will be down to 23 days.
The fact is that in a little over three weeks, operators will face fines of up to £200 if their drivers are found to have lit up in their cabs north of the border.
The Smoking, Health and Social Care (Scotland) Bin is due to come into force on 26 March, but almost everyone within the haulage industry is scratching their heads over exactly how it will be executed. And this isn't only of interest to Scottish operators -drivers in England will be banned from the end of next year and if your truck crosses the border you'll also be liable.
No-smoking stickers
Lex Vehicle Leasing is taking a proactive approach. It will supply all new vans in the UK with a double-sided no-smoking window sticker, even though it is not obliged by law to do this. But it fears that the deadline for Scottish fleets will not be met, due to confusion over the process for reporting drivers who are found to be smoking in their vehicles.
"We've also had it confirmed that Scottish police will be checking vehicles to ensure that a nosmoking sticker is displayed inside the cabin," says Lex Vehicle Leasing MD Jon Walden. "They have said they will be taking the new legislation seriously and will be running spot checks to ensure drivers have been educated about the no-smoking ban." If true, this will contrast markedly with the experiences of Irish truck drivers.
A smoking ban was introduced in the Republic of Ireland two years ago, but Jimmy Quinn of the Irish Road Haulage Association says not much has ehanged:"There are just as many drivers smoking as they did before. At the time we thought it was a bit of a farce; it's unworkable for road hauliers. It all comes down to enforcement, and police have bigger fish to fry."
A Scottish Executive spokesman says environmental health staff from local authorities will enforce the legislation in a "sensible and pragmaticfashion. This will take the form of ensuring companies introduce the requisite policies and procedures, such as putting nosmoking signs in place, removing ashtrays from vehicles and bringing in disciplinary measures.
He adds: "If employers demonstrate that they have taken 'all reasonable precautions' to ensure compliance, they have nothing to fear. Individuals smoking in nosmoking vehicles could face a fixed penalty tine of £50."
Tough to enforce
But Phil Flanders, the RHA's Scottish regional director, believes the logistics of enforcing the ban will be problematic: "It's going to be difficult.There are a lot of laws like this regarding mobile phone use for example and still a lot of people use them.
really do feel sorry for the drivers; they will have to get out of their cab in all weathers if they want to have a fag."
But it could be that, as in Ireland, the situation remains unchanged.
Nicola Bruce at Aberdeenbased haulage contractors Sandy Bruce Trucking says: "Some of the drivers smoke, some don't If they do, they are in their own vehicles.
"On occasion we have a guy driving at night and a different driver Um the same cab] during the day. But saying that, most of those drivers smoke anyway.
"We have to give them one pleasure, don't we?" um