The Health Act (2006) requires all enclosed public and work places to be smokefree.  This also includes vehicles used for public transport.

The legislation ensures that:

·         All workers are protected from the risks to health from tobacco smoke and are guaranteed their right to work in a smokefree environment.

·         All members of the public will have access to public transport that is smoke-free, regardless of when or where they use it in England.

Are taxis & mini cabs covered by the legislation?

The legislation covers all taxi and mini cabs. Any commercial vehicle carrying members of the public will be required to be smokefree at all times. The legislation requires a manager to:

·         Ensure all commercial vehicles used to transport members of the public are smokefree

·         Display ‘no-smoking’ signs in a prominent position in all vehicles. The sign should include the international red ‘no smoking’ symbol. If vehicles are already displaying ‘no smoking’ signs, they will not need to replace them with new ones.

·         Take reasonable steps to ensure that employees and customers are aware that vehicles used for public transport are legally required to be smokefree.

Can a taxi / mini cab driver smoke in their vehicle if they don’t have any passengers?

No. The legislation requires all vehicles used for public transport to be smokefree at all times.

Can drivers smoke in their own private vehicle?

Yes, the regulations do not extend to vehicles, including rental or leased vehicles, used solely for private purposes and which are not used for public transport.

Does the office need to be smokefree?

Yes if it is used as a workplace by more than one person or if visited by members of the public and employees in the course of their work. The office is covered by the legislation. This means that employers need to:

·         Ensure that the office premises are smokefree at all times

·         Display the mandatory A5 ‘no smoking’ sign at every public entrance to the premises. All other entrances need only carry a sign similar to that for vehicles used for public transport, ie. carrying the international red ‘No smoking’ sign.

·         Take reasonable steps to ensure that staff and customers visiting the office are aware that the premises are legally required to be smokefree.