Smoking bans in private vehicles

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Smoking bans in private vehicles are enacted to protect passengers from secondhand smoke and to increase road traffic safety, e.g. by preventing the driver from being distracted by the act of smoking. Private vehicles are used by individuals for personal transportation; smoking bans in private vehicles are less common than bans extended to public transport or vehicles used during work, like trucks or police cars.

Traffic security[edit]

The acts of looking for, reaching for, and then lighting cigarettes can considerably distract the driver. A burning cigarette or marijuana joint that has fallen into the driver's lap might lead to panic-like reactions. Cigarette stubs thrown out of a window pose a serious fire threat. Some serious traffic accidents in Germany are known to have been caused by a lit cigarette.[1] Some German tribunals have commented on the imprudence of smoking while driving.[2] Smoking may be compared to using a cell phone while driving, which is also banned in some jurisdictions.

Protection from secondhand smoke[edit]

More recently, the dangers of secondhand smoke have seen more attention, and smoking in a car (whether in motion or not) is banned in some jurisdictions as a measure against passive smoking. Some laws stipulate that such a ban applies only when a passenger is under a certain age. A research study showed that after smoking one cigarette in a car, the time required for respirable particles' concentration to return to its initial value, depending on car movement cases, windows positions and ventilation settings, varies between 10 and 60 minutes.[3]

Wildfires[edit]

Cigarettes or cigarette litter thrown out of the window of cars moving through a vegetated area (particularly during the hot season) is one of the causes of wildfires or bushfires. A southern France firefighters' department statistic attributes 16% of local bushfires to cigarette litter thrown out of moving vehicles (and 13.8% to cigarette litter from pedestrians).[4]

Jurisdictions with a smoking ban in private vehicles[edit]

Australia[edit]

In the Australian Capital Territory, a smoking ban in cars with minors under the age of 16 has existed since May 2012. An on the spot fine of AUD $250 will be applicable, or court fines up to AUD $5,500.[5]

In New South Wales a smoking ban in cars with minors under the age of 16 has existed since July 2009. There is an on the spot fine of AUD $250 for drivers or passengers, with a maximum fine of AUD $1,100 if unsuccessfully disputed/appealed.[6]

In Queensland a smoking ban in cars with minors under the age of 16 has existed since January 2010. There is an on the spot fine of AUD $200.[7]

In South Australia a smoking ban in cars with minors under the age of 16 has existed since May 2007. Fines range from AUD $75 to $200.[8]

In Tasmania a smoking ban in cars with minors under the age of 18 has existed since 1 January 2008. There is a AUD $110 on the spot fine.[9]

In Victoria a smoking ban in cars with minors under the age of 18 has existed since 1 January 2010.[10]

In Western Australia a smoking ban in cars with minors under the age of 17 has existed since 22 September 2010.[11]

In the Northern Territory a smoking ban in cars with minors under the age of 16 has existed since December 2014, the last jurisdiction in Australia to do so.[12]

Bahrain[edit]

Since 13 April 2009, smoking in cars with accompanying children is banned in Bahrain.[13]

Canada[edit]

Smoking with anyone under the age of 16 present in a vehicle is currently banned in the Provinces of Alberta, British Columbia, Newfoundland and Labrador, Manitoba, Ontario, New Brunswick, Prince Edward Island, Saskatchewan and Yukon Territory.[14][15][16][17] Smoking is banned in vehicles with persons under the age of 19 present in Nova Scotia.[18][19]

Cyprus[edit]

On Cyprus smoking in vehicles with minors under the age of 16 is prohibited.[20][21]

France[edit]

It is forbidden to smoke in private vehicles in the presence of children under the age of 12 since 2015.

Mauritius[edit]

On Mauritius smoking is prohibited in any car carrying passengers, since 2008.[13]

South Africa[edit]

A law prohibiting smoking in private vehicles with minors under the age of 12 has been voted.[22]

United Arab Emirates[edit]

On 6 January 2010, a federal law (superseding the smoking bans which already existed in most of the emirates) was signed. Among other provisions, it introduces a Smoking ban in private vehicles in the presence of children under the age of 12.[23]

United Kingdom[edit]

On 1 October 2015, smoking in vehicles with passengers under 18 was banned in England and Wales, except in convertibles.[24] It is also illegal for drivers under the age of 18 to allow other passengers to smoke in their car, regardless of their age – however drivers under the age of 18 will be permitted to smoke in their car as long as no passengers are present.[25] It is a criminal offence for any driver to fail to stop a passenger illegally smoking in the car while a passenger under the age of 18 is present.

Bans are not yet[when?] in force in Scotland or Northern Ireland.

Smoking is not allowed in work vehicles that more than one person uses. Smoking in company cars is allowed, provided that there is only one user of the car and the employer allows.[26]

Jersey[edit]

In Jersey smoking has been banned in all vehicles carrying passengers under the age of 18. Drivers under the age of 18 (the legal driving age in Jersey is 17) are also forbidden to smoke whilst in their own vehicles, even if they are the only passengers. The law came into force on 1 September 2015,[27] after debate in the States Assembly and is the first place in the British Isles to enact a ban of this sort.[28]

United States[edit]

A smoking ban in cars with children is being tested in the states of Arkansas (<14), California (<18), Louisiana (<13), Maine (<16), Ohio, Oregon (<18), Puerto Rico (<13), Utah (<15), Vermont (<8), and Virginia (<8).

It is banned in certain counties and cities of Hawaii, Indiana, Kansas, New Jersey, New York, Kentucky,[29] and Alabama.

Planned smoking bans in private vehicles[edit]

Finland[edit]

Finland intends to ban smoking in cars while children are present. Furthermore, smoking in places where children are present is to be banned generally.[30]

Greece[edit]

Greece is about to ban smoking in cars.

Ireland[edit]

Irish anti-smoking campaigners and scientists are urging the government to introduce such a ban.[31][32] In July 2011 the Minister for Health revealed that he was considering a ban where children are present in the car.[33]

The senator and oncologist John Crown has put bill before parliament to ban smoking in a car with children.[34][35]

Israel[edit]

In Israel the introduction of a smoking ban in cars is being discussed in the Knesset.[36]

Netherlands[edit]

Similar plans exist in the Netherlands.[37]

Taiwan[edit]

Taiwan plans to ban smoking while driving a car, riding a bike or walking on a sidewalk.[38][39] The rationale is the concern about traffic security and air pollution.

External links[edit]

References[edit]

  1. ^ SWR: Diskussion – Rauchen im Auto (in German) Archived 2007-09-29 at the Wayback Machine.
  2. ^ "Verkehrsunfall durch Rauchen im Fahrzeug – grob Fahrlässig? - RA Kotz". Rechtsanwälte Kotz. Retrieved 10 November 2017. 
  3. ^ Saber, E.M.; Bazargan, M. (2011). "Dynamic behavior modeling of cigarette smoke particles inside the car cabin with different ventilation scenarios". International Journal of Environmental Science and Technology. 8 (4): 747–764. doi:10.1007/BF03326259. 
  4. ^ "Centre Hospitalier Avignon: Le tabac et l'environnement". 22 July 2012. Archived from the original on 22 July 2012. Retrieved 10 November 2017. 
  5. ^ "15.7 Legislation to ban smoking in public spaces - Tobacco In Australia". www.tobaccoinaustralia.org.au. Retrieved 10 November 2017. 
  6. ^ Tobacco Retailing Laws, by the Government of New South Wales
  7. ^ "Error". Brisbane Times. Retrieved 10 November 2017. 
  8. ^ ""Fines for smoking in cars with children", by the Government of South Australia" (PDF). Retrieved 10 November 2017. 
  9. ^ "Smoking banned in cars in Tasmania" in The Australian
  10. ^ Health, c=AU; st=Victoria; o=State Government of Victoria; ou1=Department of. "Health Victoria News - Department of Health Victoria Australia". www.health.vic.gov.au. Retrieved 10 November 2017. 
  11. ^ "Smokefree in vehicles with children", by the Government of Western Australia Archived 2015-02-27 at the Wayback Machine.
  12. ^ "NT becomes final jurisdiction to outlaw smoking in cars carrying children". 31 October 2014. Retrieved 10 November 2017. 
  13. ^ a b GASP Archived 2011-07-27 at the Wayback Machine.
  14. ^ [1] 18 March 2009
  15. ^ [2] 15 July 2010
  16. ^ [3] 17 October 2009
  17. ^ "Archived copy". Archived from the original on 2010-12-12. Retrieved 2011-02-17.  7 October 2010
  18. ^ Nova Scotia bans smoking in cars with children as of April 1 21 March 2008
  19. ^ Alberta, Alberta Health - Government of. "Tobacco Reduction in Alberta: Alberta Health website". www.health.alberta.ca. Retrieved 10 November 2017. 
  20. ^ "US". Retrieved 10 November 2017. 
  21. ^ "Our Cyprus". Retrieved 10 November 2017. 
  22. ^ South Afrika Archived 2010-01-09 at the Wayback Machine.
  23. ^ "UAE". Retrieved 10 November 2017. 
  24. ^ "England bans smoking in cars". 11 February 2015. Retrieved 10 November 2017 – via www.bbc.co.uk. 
  25. ^ Meikle, James. "Motorists alerted over upcoming ban on smoking in cars to prevent surge in fines". the Guardian. Retrieved 23 September 2015. 
  26. ^ "Smoking at work: the law". gov.uk. Retrieved 18 December 2016. 
  27. ^ [4]
  28. ^ "Smoking banned in cars with children". 15 July 2014. Retrieved 10 November 2017 – via www.bbc.co.uk. 
  29. ^ TEGNA. "Shepherdsville City Council bans 'smoking in cars with kids'". Retrieved 10 November 2017. 
  30. ^ HT. "Russian shipbuilding company taking full ownership of Helsinki shipyard". www.helsinkitimes.fi. Retrieved 10 November 2017. 
  31. ^ ASH Ireland Archived 2009-05-04 at the Wayback Machine.
  32. ^ "Irish Health". Retrieved 10 November 2017. 
  33. ^ "Reilly explains smoking ban plans". Retrieved 10 November 2017. 
  34. ^ "Picture a car filled with second-hand smoke and child in the seat - Independent.ie". Retrieved 10 November 2017. 
  35. ^ "Protection of Children's Health from Tobacco Smoke Bill 2012 [Seanad] [PMB] (Number 38 of 2012) - Tithe an Oireachtais". www.oireachtas.ie. Retrieved 10 November 2017. 
  36. ^ Israel Archived 2011-09-16 at the Wayback Machine.
  37. ^ ASH Ireland (Netherlands mentioned) Archived 2009-05-04 at the Wayback Machine.
  38. ^ "Taiwan aims to ban smoking while walking". Bangkok Post. 11/12/2009.  Check date values in: |date= (help)
  39. ^ "Taiwan bans smoking while walking". Retrieved 10 November 2017.