North Kesteven District Council is stressing the importance of complying with smoke-free legislation after successfully prosecuting two men smoking in a work vehicle, five years after the law took effect.
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Lighting up in a work van cost Michael Whitehead of Hebden Walk Grantham £300 after his case was heard at Lincoln Magistrates, whilst his passenger who was also smoking in the van paid only £30 after admitting the offence and making prompt payment on a fixed penalty notice.
As part of the July 2007 legislation, work vehicles are classified as places of work, with the restriction covering driver and passengers.
In this case, on May 8, an NKDC Environmental Health Technical Officer saw two men smoking in a work van. Both were issued with a fixed penalty notice at a cost of £50, reduced to £30 if paid within 15 days.
The passenger paid up within 29 days but Mr Whitehead didn’t, and after ignoring reminder letters, was prosecuted by NKDC, which resulted in Magistrates fining him £200 – the maximum sum – and ordering £85 costs contribution and £15 victim surcharge. The case was proved in his absence after he failed to attend the hearing.
Councillor Richard Wright, NKDC Executive Board Member with responsibility for public protection said: “Although compliance with smoke-free legislation is generally excellent, a small minority continue to flout the law by smoking in work vehicles.
“Smoking a 40p cigarette has cost this driver £300. The message is, don’t risk it as wherever we are aware of breaches of the law, we will take action.
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