This summer the government is introducing a workplace smoking ban in England. How will it affect business cars and vans? And what action should a small business take? Gavin Jones at Masterlease provides advice.

For many UK businesses the impact of the smoking ban on business vehicles is confusing.

Rather than clarifying the legislation, the proposed rules for introduction on 01 July in England are considerably different to those in Scotland – leading to massive confusion for all businesses.

Last year Scotland enforced a smoking ban in all commercial vehicles. But in England this ban will be extended to company cars.

However, which cars fall under the smokefree legislation is still a grey area.

The draft legislation states that:

• where a vehicle is used as a workplace by more than one person, regardless of whether they are in the vehicle at the same time, it will have to be smokefree at all times
• Even if all the people using a shared car are smokers, the legislation requires them not to smoke in the car.

So clearly pool cars will fall under the legislation and company cars that carry more than one person.

But the area that could cause confusion is that smoking will be allowed in vehicles that are for the sole use of the driver – and are not used by anyone else, either as driver or passenger.

Drivers of convertible cars are also exempt as long as the roof is down when they are smoking.

And the regulations do not extend to private vehicles used for business purposes – except if they carry business colleagues and business mileage exceeds private mileage. In which case again they must be smokefree at all times!

What are the penalties for non-compliance?

• Fines go up to £2,500 for employers who fail to enforce the ban. So it’s an issue which businesses must act upon now. Policing the ban as it stands would be very difficult for employers.

What action should be taken?

• Our advice is to recommend small businesses introduce an outright ban on smoking in all company vehicles in advance of the July deadline.
• This makes it much easier to enforce and minimises any confusion.
• Businesses also need to consult their leasing company or the Department for Health to obtain no smoking signs that must be displayed in all company vehicles.

Further information on the new smokefree regulations can be found at smokefreeengland.co.uk.

You can visit Masterlease at www.masterlease.uk.com