Smoking in cabs of foreign lorries

[coastie]

This afternoon whilst walking down the A55 here at Holyhead, a Foreign wagon went past me in which the passenger was smoking. What is the legality of this? As we know, smoking in a place of work in the UK, which includes vehicles, is banned. Does a foreign vehicle from a place where this rule does not apply have to conform to this ban whilst in this country??

Confused of Holyhead,com!

[Western SMT]

UK and Ireland seem to be the only countries that have actually extended the definition of work place to include vehicles used for business - but even here there are wide discrepancies.
I believe under Scottish law you can still smoke in a company car but if you drove across the border you have instantly committed an offence under English law.

[G-CPTN]

I still see the occasional smoker driving a van. Maybe if you are self-employed?

[Western SMT]

A self-employed painter and decorator has been given a £30 on-the-spot fine for smoking in his own van because it is classified as a workplace.

http://www.timesonline.co.uk/tol/new...cle4393248.ece

More info

http://www.roadtransport.com/Article...t-or-else.html

Would think foreign truck driver smokers would come under this link

http://www.direct.gov.uk/en/Nl1/Newsroom/DG_177085

[G-CPTN]

What about 'sales reps' (what we used to call 'commercial travellers' when I was a lad?

[Mr-Tomcat]

Bear one thing in mind; while a lorry cab is your work place, it is also for a lot of drivers their home for long periods of time, so how would that apply I wonder?

Andy.

[coastie]

It just goes to prove what I have just said on the local forum, that the anti smoking law just HASN'T been thoroughly thought through. It's a minefield IMHO.

[robertdavey6]

I told my boss he'd two choices. He either turned a blind eye or I pulled up every 30minutes for a smoke break! (all right, so I exagerated for effect!) Just do the calculations. Call it 7.5mins per cig. That's 150 minutes (3hours 20 minutes) per day, every working day, lost time.

[coastie]

Similarly, what if you're in a UK wagon but driving in a Country where this ban does not exist, are you still bound by UK law?