All licensed taxi and private hire drivers know that it is illegal for passengers or themselves to smoke or vape in their vehicles.
Since July, 2002, it has been illegal to smoke in enclosed public spaces and workplaces. This has been extended to include vaping and applies to PHVs and taxis, which are classed as a driver’s place of work.
Enforcing the ban is part of their licensing requirements, in the same way that they need the correct taxi insurance in place.
Health
The ban was introduced to reduce the harmful effects of smoking, especially in workplaces where staff were at risk from passive smoking. Exposure to second-hand smoke is linked to a range of health problems, including heart disease and lung cancer.
While the law is well established and adhered to in offices and buildings, TappAXI looks at how rigorously it is enforced in taxis and PHVs — and how keeping cabs smoke-free is good for a driver’s business as well as their health.
It said: “The laws concerning smoking and vaping in taxis and private-hire vehicles are designed to protect public health and ensure a comfortable and safe workplace environment for drivers and a good environment for customers.
“All licensed vehicles must display ‘No Smoking’ signs in a prominent and visible position. This is a regulatory requirement to ensure that the no-smoking rule is communicated clearly to all occupants of the vehicle.”
Penalties
People who flout the rules face a £50 fixed-penalty notice which increases to a maximum fine of £200 if the case goes to court.
There are also fines for drivers and operators who fail to display the ‘No-Smoking’ signs — £200 for a fixed-penalty notice, rising to £1,000 if convicted by a court, as well as fines for drivers who fail to enforce the regulations.
And the law does not just apply when a taxi or PHV is in operation.
TappAXI explains: “All vehicles used for public transport are required to be smoke-free at all times, even when they do not have passengers. This is due to the lasting nature of tobacco smoke, which can stay in soft furnishings long after a cigarette has been put out.
“Enforcement of these laws is crucial for maintaining a healthy and safe environment in taxis and private hire vehicles. The enforcement of these laws is comprehensive, and authorities take violations seriously.”
Responsibility
As well as licensing officers enforcing regulations, drivers must also take responsibility to ensure that their vehicles remain smoke and vape free, either intervening if a customer attempts to smoke or vape, or cancelling the trip.
TappAXI said: “For the industry as a whole, it’s not just about health; it’s about customer satisfaction too. Passengers, especially those who are non-smokers or have health issues like asthma, now feel more comfortable using smoke-free taxis.
“This leads to increased patronage and customer loyalty, enhancing the industry’s reputation and potentially boosting business.
“Since the ban was introduced, there has been a noticeable decline in smoking incidents in taxis.
“This trend suggests that both drivers and passengers are adhering to the law. It also reflects a growing public awareness about the dangers of smoking and second-hand smoke exposure.”
Much like drink-driving, smoking in enclosed public places has become socially unacceptable.
Dangers
In addition to the health risks of smoking and vaping in an enclosed space, Taxi Plus highlights the dangers the habits can pose to other road users.
It said: “There’s no specific law that makes it illegal to vape or smoke while driving. The only current law around smoking and driving is that it’s illegal to smoke with someone under 18 in the vehicle.
“However, it’s a legal requirement to drive with due care and attention. Motoring experts claim that the plumes of vapour and excessive amounts of nicotine found in many vapes make it impossible for drivers to adhere to this law.”
Those convicted of driving without due care and attention can face an unlimited fine, nine points on their licence, as well as a ban. In cases when someone is seriously injured or even killed as a result of driving without due care and attention, drivers can be jailed.
Taxi Plus added: “Given the potential dangers of vaping while driving, motoring experts are calling for an urgent ban on smoking e-cigarette devices when behind the wheel. They argue that the nicotine in e-cigarettes can cause dizziness and light-headedness, which can be incredibly dangerous while driving.
“In addition to these health effects, the devices emit vast clouds of vapour, which can restrict vision and make it impossible for drivers to be aware of their surroundings. This, they argue, makes it impossible for people to adhere to the standard of driving with due care and attention while vaping.”
