SMOKESIGNALS PLYMOUTH


More than 40 Ply- mouth taxi drivers have been slapped with a fine for smoking in their cars, shock new figures reveal. Some 42 have been fined for smoking in their cabs over the past year. The


law applies


regardless of whether or not there was a passenger in the vehi- cle. Plymouth City Coun- cil’s licensing com- mittee heard a report which stated that dur- ing 2011 up to March 31, 2012, officers issued 42 fixed penal- ty notices to drivers “who were observed smoking in their licensed vehicles”. A taxi drivers’ trade body said it had little


sympathy for drivers who broke the law. Roy Hamilton, of the Plymouth Taxi Drivers’ Association, told the Plymouth


Herald:


“The figures are rather concerning - no taxi driver


should be


smoking in their vehi- cles because they know they’re not sup- posed to.” Paddy O’Reilly, of Need-a-cab in Penny- cross, said: “One fixed penalty notice is too many really. The law is the law and if it says you can’t smoke then you can’t smoke. I don’t smoke now but even when I did I did- n’t smoke in the car anyway because it’s like your office and it’s not very nice.” The smoking ban in taxis was introduced in 2007. Steve Cooper, who works for Crown- hill Taxis has said: “As a taxi driver I know I’m not allowed to smoke in my cab. The 42 driv-


ers caught over the year is relatively high considering we know we’re not allowed to smoke - it’s been a policy for a number of years now. “It’s not nice for the customer to get in a taxi and smell smoke. I would like to see the figure lowered by next year for the sake of the customer if noth- ing else. “You can always stop and have a cigarette, there’s always time to pull over. There’s no excuse for smoking in the cab.” A spokesperson for the local authority said: “Licensed vehi- cles must


remain


smoke-free regardless of whether or not a passenger is on board. “Taxi enforcement offi- cers carry out regular operations in order to ensure that all drivers operate within the law and comply with their licence conditions.”


and pleaded guilty to the charge. An envi- ronmental


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 offi- cers spotted him smoking on Oxford Road in the city cen- tre.


health


officer from Pendle Council saw Mr Akbar smoking in his office. 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.


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 Magis- trates’ Court was told he had broken the law by smoking in a smoke-free place.


SOUTHEND 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


HALSTEAD


Taxi driver Brian Bur- rage 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


A taxi driver caught puffing away in his taxi alone has become the first


person in


Southend to be prose- cuted for smoking in a public place. Paul Sutton was fined £150 for smoking in his cab. But the cabbie says he has now kicked the habit and taken to smoking an electronic cigarette in his cab.


AND THE NPHA SA YS....


We asked the National Private Hire Association for their opinion 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-cig- arette is “done” for smoking; and how they were caught, ie. was it by an eye-witness who happened 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 yourself 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 following salient points.


NOW AVAILABLE IN THE UK


www.icabbi.com info@icabbi.com


PAGE 64


Firstly an e-cigarette always remains at full length unlike a real cigarette which reduces as it burns. Sec- ondly, 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-cigarette 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 passengers in your vehicle - it appears that there is presently no legal reason for you not to happily puff away at all other times.


PHTM JULY 2012


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