Smoking in cars carrying children in England and Wales is now illegal

RYAN HOOPER
1 OCT 2015
Telegraph UK
Under the ban, which came into force at midnight, drivers or passengers who are caught smoking will face a £50 fixed penalty
It is now illegal to smoke in cars carrying children in England and Wales.
Under the Smoke-Free (Private Vehicles) Regulations 2015, which came into force at midnight, became an offence to smoke in any enclosed vehicle that is carrying people aged under 18.
Those caught face a warning, a £50 fixed penalty, reduced to £30 if paid with two weeks, or a fine of up to £200 if convicted in a magistrates’ court.
Professor Dame Sally Davies, the Government’s chief medical officer, welcomed the new legislation.
She said: “We want children to grow up free from harm and we need parents to understand why smoking in vehicles is so dangerous.
“Eighty per cent of smoke is invisible so even if you think you are being careful you cannot see where the smoke is going.”
However, drivers are expected to be given a grace period as to get used to the new law.
Police and local authorities have been told they are able to enforce the law immediately, but are thought to favour a period of educating drivers rather than enforcement action.
A National Police Chiefs’ Council spokeswoman said: “As the existing smoke-free law extends to vehicles, police forces will be following guidance from the Chartered Institute of Environmental Health by taking an educational, advisory and non-confrontational approach when enforcing the new legislation.
“Local authorities enforce the existing legislation and police forces are included as enforcement authorities for the new offences.
“During this period, individual offences that justify enforcement action will be reported to local authorities.”
Smoking groups had welcomed the new measures, which are designed to reduce the risks caused by second-hand smoke.
Dr Penny Woods, chief executive of the British Lung Foundation, said that after years of campaigning, the law means the UK has “stopped playing catch-up and can now stand tall beside other countries”.
She added: “Today is truly a cause for celebration for all those who care about protecting the health of generations to come.”
Deborah Arnott, chief executive of health charity ASH, said: “Making it illegal to smoke in cars with children is supported by the vast majority of adults, including smokers, who recognise the harm caused by second-hand smoke.
“But despite the level of public support some adults still smoke in front of children.
“We hope the legislation will make them realise they should stop, not just in their cars but also in their homes.”
Smokers’ group Forest said the law stigmatises millions of decent people.
Director Simon Clark said: “The new law is unnecessary and almost certainly unenforceable.
“The overwhelming majority of smokers know smoking in a car carrying children is inconsiderate and they don’t do it.
“If drivers are spotted smoking, will they be stopped in case there’s a child in the back?
“The authorities, especially the police, must have better things to do.”
He added: “Smokers are sick and tired of politicians questioning their parenting skills as if they’re devoid of common sense.
“The law will make no difference to public health but it will stigmatise millions of decent men and women who don’t need government and other busybodies telling them how to behave.”