ACFO calls for harmonisation of smoke-free vehicle rules

Calls for the Government to harmonise complex anti-smoking rules across England, Scotland, Wales and Northern Ireland have been made by ACFO, Britain’s premier organisation for fleet operators.

The anti-smoking legislation was first introduced in Scotland 16 months ago and was phased in across England, Wales and Northern Ireland this year.

However, its introduction has caused major concerns for fleet operators notably around:

Smoking being allowed in company cars in Scotland but generally not in England, Wales and Northern Ireland

Continual use in legislation of the word ‘primarily’ in reference to business/private use with no clear definition as to what that means in reference to mileage, journeys etc.

The different requirements governing the use of ‘smoke-free’ signs in vehicles in the four countries

ACFO leaders have met with the Department of Health officials to discuss the various concerns raised by fleet managers in complying with the legislation

ACFO chairman Julie Jenner said: “It is very clear that the smoke-free legislation was ill thought out. The difference in the laws in each of the countries, the terms and conditions used in the regulations and the absence of any clear definition of the word ‘primarily’ all point to a confused situation.

“Due to this confusion many ACFO members have introduced a blanket ban on smoking in all employer-controlled vehicles and - where possible - in privately-owned vehicles driven on business. While this is the safest solution in terms of compliance with all the different rules, it is not always the desired solution.

“We believe many of the issues which our members have raised would have been resolved had ACFO been consulted about the regulations prior to their implementation. Unfortunately, ACFO was not involved in helping draw up the guidelines.”

ACFO has received indications that the anti-smoking legislation across the four home countries will be reviewed after it has been in place for about three years.

Julie said: “It is imperative that uniformity rules and all ambiguities in the current rules are satisfactorily ironed out. ACFO would like to see complete harmonisation and commonality applying to the rules governing smoke-free vehicles across all four countries as soon as possible.

“The smoke-free rules make it particularly onerous for many employers and individual employees working, for example in the North of England and Scotland and the South West of England and Wales as the rules cover where vehicles are travelling as opposed to where they are based or registered.

“We would hope that the Department and other national agencies responsible for implementing the smoke-free legislation in Scotland, Wales and Northern Ireland will involve ACFO in review discussions to put an end to this confusion.”