UK Bans Smoking in Cars with Children to Protect Health

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UK smoking ban cars children

As of October 1, 2015, new legislation in England and Wales makes it illegal to smoke in a vehicle carrying someone under the age of 18. The law also requires drivers to prevent smoking in these circumstances, with both offenses carrying a £50 fine. This landmark change aims to protect children and young people from the harmful effects of secondhand smoke, which can lead to serious health conditions such as meningitis, cancer, bronchitis, pneumonia, and exacerbated asthma.

Experiment Reveals Dangerous Levels of Chemicals in Secondhand Smoke

A joint experiment conducted by Newcastle University, Public Health England, and Fresh Smoke Free North East revealed alarming levels of dangerous chemicals in cars where smoking occurred. Even with the window open, levels of hazardous substances were over 100 times higher than recommended safety guidelines. Professor Kevin Fenton, National Director for Health and Wellbeing at Public Health England, emphasized that there is no safe way to smoke in a car with a child present, as they will always be exposed to harmful chemicals that can lead to serious health issues.

Law Applies to Enclosed Vehicles, Excludes E-Cigarettes and Convertibles

The new law applies to any private vehicle enclosed by a roof, regardless of whether the window is open, the air conditioning is on, or the smoker is sitting in the open doorway. However, it does not apply to e-cigarettes (vaping) or convertible cars with the roof completely down. Simultaneously, it becomes illegal for retailers to sell e-cigarettes or e-liquids to anyone under 18, and for adults to attempt to purchase tobacco products or e-cigarettes for minors.

Health Authorities and Charities Applaud the Ban

Professor Dame Sally Davies, Chief Medical Officer, described the legislation as a landmark in protecting children from secondhand smoke, emphasizing that even a single cigarette in a vehicle exposes them to high levels of pollutants and cancer-causing chemicals. Dr. Penny Woods, Chief Executive of the British Lung Foundation, celebrated the ban, stating that hundreds of thousands of children will now be protected from the harms of secondhand smoke. Deborah Arnott, Chief Executive of health charity ASH, noted that while the vast majority of adults support the ban, some still smoke in front of children, and expressed hope that the legislation will encourage them to stop, not only in cars but also in homes.


Updated 1 November 2024

Guernsey’s Ban on Smoking in Cars with Children Takes Effect

Offenders Face £125 Fixed Penalty Notice for Violating New Law

As of November 1, 2024, Guernsey’s ban on smoking in cars carrying children under the age of 18 has officially come into force. The States Assembly decided in May to criminalize “smoking a tobacco product in an enclosed motor vehicle carrying a child,” and the new law was published in September before being passed on October 23.

Guernsey Police have announced that the offense will result in a Band C fixed penalty notice of £125, with a reduced fine of £115 if paid within seven days. Lucy Cave, a representative from the Health Improvement Commission, emphasized the importance of the legislation, stating that without it, people might wrongly assume that there is less danger or harm associated with smoking in cars with children present.

The implementation of this ban in Guernsey follows similar legislation introduced in England, Wales, and Jersey in 2015. By enacting this law, Guernsey aims to protect children and young people from the well-documented dangers of secondhand smoke exposure, particularly in the confined space of a vehicle.

As the ban takes effect, Guernsey joins a growing number of jurisdictions worldwide that have recognized the importance of safeguarding children’s health by prohibiting smoking in cars when minors are present. The success of the legislation will depend on effective enforcement and public awareness campaigns to ensure widespread compliance with the new law.


Updated 30 October 2024

No Fines Issued for Smoking with Children in Cars in Devon and Cornwall Since 2015 Ban

A Freedom of Information disclosure has revealed that Devon and Cornwall Police have not issued a single fine for smoking with children in a car since the practice was banned nearly a decade ago. The prohibition on smoking in a private vehicle with children under 18 has been in place since February 2015, with offenders facing fines of up to £100.

Although the law stipulates fixed penalty fines of £50 for both the smoker and the driver, meaning a person smoking while driving with a child in the car could face two separate fines, Devon and Cornwall Police have confirmed that no such penalties have been issued. The force also noted that it does not maintain records of verbal warnings given in relation to this offense.

Ban Extends Existing Legislation on Smoking in Public Transport and Work Vehicles

The ban on smoking in cars with children is an extension of wider anti-smoking legislation introduced in 2007, which outlawed smoking on public transport, in work vehicles, and in passenger taxis. Despite the lack of fines issued in Devon and Cornwall, the existence of the law itself serves as a deterrent and a reminder of the harmful effects of secondhand smoke on children’s health.

As the 10-year anniversary of the ban approaches, the absence of fines in Devon and Cornwall raises questions about the effectiveness of enforcement and the overall impact of the legislation. Further research and analysis may be necessary to determine whether additional measures are needed to ensure compliance with the law and to protect children from the dangers of secondhand smoke in vehicles.

Matthew Ma
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