SMOKE SIGNALS


PHTM readers will have seen smoking-related stories within our pages in the past. We have brought some of these stories togeth- er to emphasise the increased number of drivers who have been caught smoking in their licensed vehicles; and the large sums of money they have paid by way of fines, court costs and victim surcharge for this offence,


We asked the National Private Hire Association for their opin- ion regarding the use of electric cigarettes in taxis or PHVs. Whilst they point out that they appear to be legal to use, they feel the main issues are: where the burden of proof lies if a driver using an e-cigarette is “done” for smoking; and how they were caught, ie. was it by an eye-witness who hap- pened to be a licensing officer or were they snapped in the act and photographic evidence produced. The legality of using e-cigarettes as a defence has not yet been tested in court so they suggest the following safe- guards. Once you have bought your e-cigarette, keep your proof of purchase safe. Take a dated photo of your- self smoking your e-cigarette in your cab or office and get the photo signed and dated by a respected person verifying that this is you. Then, if you are accused of smoking in your cab or office, but were in fact using an e-cigarette, you can produce this evidence and also highlight the follow- ing salient points. Firstly an e-cigarette always remains at full length unlike a real cigarette which reduces as it burns. Secondly, the only product of an e-cigarette is harmless water vapour with no offensive smell. The e-cigarette also has a coloured tip that lights up orange when “drawn” - and as there is no burning process, no ash is produced. (The e-ciga- rette offered by PHTM also gives you the option of a blue tip if you prefer). So whilst we do not suggest that you use an e-cigarette with passen- gers in your vehicle - it appears that there is presently no legal reason for you not to happily puff away at all other times.


Do not get caught out - like those highlighted below.... in Southend


A taxi driver caught puffing away in his taxi alone has become the first per- son in Southend to be prosecuted for smoking in a public place. Paul Sutton, the chairman of Southend Licensed Taxi Drivers’ Association, was fined £150 for smoking in his cab. The Southend Standard reports that coun- cil health and safety worker spotted Sutton, 58, as he drove along Queensway. He admitted he had been smoking, although added he had no recollection of what he had done on that day. But the cabbie says he has now kicked the habit and taken to smoking an electronic cigarette in his car.


in Halstead


Taxi driver Brian Burrage says he was dumbfounded to find himself with a criminal record – for smoking while alone in his cab. A court ordered self- employed Mr Burrage to pay a total of £230 in fines and court costs after Braintree Council officials caught him smoking in his taxi. He said: “I was on my own and the window was open. What possible harm could it have done? It’s still amazing to think you can get a criminal record for that.” Chelmsford Magistrates’ Court was told he had broken the law by smok- ing in a smoke-free place. In court, his lawyer said: “He was alone when the offence occurred, driving back to the taxi rank in Halstead, and caused no harm or discomfort to any member of the public. “He has pleaded guilty at the earliest opportunity.” After the hearing, he said: “I can’t argue against the law because for what it was designed for, it is good. You don’t want to get into a smoke-filled cab or have a driver smoking.”


in Merthyr Tydfil


A taxi driver caught smoking in his cab outside a school has been fined £150 and ordered to pay £100 costs. Merthyr Magistrates’ Court heard that Mr Jones had been driving along Caedraw Road when he noticed the driv- er of a white taxi, with the sign 1st Call Taxis, smoking in the vehicle on 10 December 2008, in breach of the ban on smoking in enclosed public places.


THERE IS NOW AN ALTERNATIVE:


the e-cigarette tested and recommended by Private Hire and Taxi Monthly


in Manchester


A taxi driver has been ordered to pay £521 in a fine and court costs for smoking inside his vehicle in Manchester. Mohammed Yousaf, 44, was alone in his taxi when council officers spotted him smoking on Oxford Road in January 2011. BBC News reports that he was cautioned and offered a fixed penalty notice of £50 which went unpaid. Manches- ter magistrates convicted Mr Yousaf, of Moss Bank, Crumpsall, in his absence of smoking in a public place. He was fined £120 with £411 costs.


in Burnley


A Burnley taxi boss has been ordered to pay £445 for smoking at his place of work. Ali Akbar admitted smoking in his taxi office when he appeared at Reedley Magistrates’ Court. He represented himself and pleaded guilty to the charge. An environmental health officer from Pendle Council saw Mr Akbar smoking in his office on 12 December 2008. In court, Mr Akbar said he did not know he was not allowed to smoke in rooms adjoining the office, which are the kitchen and toilet. He said he had been smoking in the adjoining rooms, and then went into the office to find a file. Mr Akbar said the adjoining rooms now have signs making it clear that smoking is not allowed. The magistrates fined Mr Akbar £180 and ordered him to pay £250 costs and £15 victim surcharge. Mr Akbar was ordered to pay the total of £445 within 28 days. Cllr David Clegg, environmental health spokesman in Pendle, told the Burnley Express: “I strongly criticise any- one who ignores public health and the national smoking ban like this. “The council is determined to protect people from the harmful effects of sec- ond-hand smoke. Mr Akbar behaved irresponsibly, exposing his staff to his cigarette smoke. “This should not be happening in work places any more, and our environmental health officers work hard to stop it.”


in Swansea


A cabbie has been fined more than £500 for smoking in his taxi. Paul Alexander Watchman was caught lighting up three times in his cab, Swansea magistrates heard. Smoking in public places in Wales became illegal in April 2007. Watchman was fined £525, ordered to pay £85 costs and a £15 victim surcharge - for one of the offences, with no additional fines being imposed for the other offences. John Hague, Swansea Coun- cil’s cabinet member for the environment, urged drivers of work-based vehicles to avoid lighting up when behind the wheel. He told This is South Wales: “Since the introduction of the ban on smoking in public places, the council has taken its responsibilities very seriously in terms of ensuring people comply with the ban. Since the Wales-wide ban was introduced, Swansea Council has issued 53 fixed penalties to people for smoking in company and licensed vehicles, and has brought six successful prosecu- tions for the same offences.


in Weymouth


A taxi driver has been fined for smoking in his car. The Dorset Echo reports that Paul Robert Hymers, a 53-year-old driver for Bee Cars in Weymouth, was found smoking a cigarette in his Vauxhall Vec- tra when he was stopped outside Wey Valley School, a court heard. He is the second person in the borough to be convicted for smoking in a smoke-free place. Hymers, from Sherborne, did not appear at Weymouth Magistrates’ Court and pleaded guilty by post. Helen Gardner, a litigation solicitor for Weymouth and Portland Borough Council, said Hymers was found smoking by a council licensing officer on November 9 last year. Cllr Geoff Petherick, Weymouth and Portland Bor- ough Council’s community safety spokesman, said: “It is important to remind the public that smoking in public places, including on public trans- port, is against the law. “The council is satisfied with the outcome of the case and is working hard to ensure the smoking ban is followed.” Magis- trates fined Hymers £120 and ordered he pay a victim surcharge of £15. He was told to pay £200 towards the council’s costs.


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