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Q921: Can I smoke in a car if there are children in it?


Answer

In order to protect children and young people from the dangers of second hand smoke, it's illegal to smoke in a car or other vehicle if anyone under the age of 18 is present. The legislation applies to both England and Wales.

If someone is caught smoking in a vehicle with children/young people under the age of 18, both the driver and the smoker could be fined. The fixed penalty notice fine for this offence is £50 (for person who smokes and for driver) - someone who committed both offences could get two fines. The law does not apply if the driver is 17 and is on their own in the vehicle. However, if a 17 year old were learning to drive and their supervisor or anyone else in the car was smoking, the smoker would commit an offence.

The legislation applies to all private vehicles that are wholly or partly enclosed by a roof even if the windows or sunroof are open, the air conditioning is on or the person/s who are smoking are sat in the open doorway of the vehicle. However, the law won't apply to a convertible car when the roof is fully down or work vehicles/public transport (it is already against the law to smoke in such vehicles).

The legislation doesn't apply to motorhomes or campervans (motor caravans) and caravans when they are being used as a home. The reason for this is that the legislation is intended to apply to vehicles not homes. The legislation doesn't apply to e-cigarettes (vaping).

If you have a vehicle that allows you to remove roof panels but does not allow you to remove supporting sections, it will ultimately be a matter for a court to decide whether the remaining sections constitute a roof for the purposes of the legislation.

Related questions


Answer

Tiredness at the wheel, or driving fatigue, will impact a person’s ability to focus and therefore their standard of driving. Research has shown that driver fatigue may be a contributory factor in up to 20% of road accidents, and up to one quarter of fatal and serious accidents.
 
Falling asleep while driving would be classified as dangerous driving. Please see Q912 for further information regarding the offence of dangerous driving, and the linked safety guide regarding driver fatigue, for further information regarding tiredness at the wheel.


Answer

The existence of CCTV material should always be considered as a reasonable line of enquiry in a police investigation and investigators will usually view / review any CCTV that they are aware of before making a decision as to whether the footage is relevant to the investigation.

If you are aware of the presence of a CCTV camera at a location where a crime / vehicle collision took place, we would suggest you make the police aware of this when you report an incident / collision.

Please also see the Government website in Related Information regarding requesting CCTV footage of yourself.


Answer

Not all collisions require a police officer to complete a collision report.

In some instances a collision report will not be released until the police file has been finalised.

If you are a solicitor or an insurance agent, you can apply on behalf of your client for a copy of any existing collision reports the police have.

People can also apply for collision reports or request details of third parties involved in a collision if they are representing themselves in civil proceedings.

Information on how to make a request and details regarding costs can be found on local police force websites. See the link in Related Information for force contact details.


Answer

Unfortunately, a cat does not fall within the remit of the Road Traffic Act and therefore you do not need to report the incident to the police as long as there are no other factors involved, for example:

• Damage to another vehicle
• Injury to another person
• Injury to animals including cattle, mules, sheep, pigs, goat, dogs or horses
• Damage to other property forming parts of land / adjacent to land on road in question

It may be advisable, if possible, to make a few enquiries to find the owner of the cat so that they can be informed of the situation. If you cannot find the owner of the cat, you could take it to the nearest vets as most cats are now microchipped - the vet can scan the cat and contact the owner. Alternatively, you can contact your local council in order for them to clear away the remains.

See the website in Related Information to find your local authority.


Answer

If both parties stopped at the scene and exchanged names and addresses, then there is no legal requirement to report the accident to the police. Road traffic law has been complied with and the police will not take a report.

Contact your local police force

Enter your town or postcode to see information from your local force

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Question

Q921: Can I smoke in a car if there are children in it?


Answer

In order to protect children and young people from the dangers of second hand smoke, it's illegal to smoke in a car or other vehicle if anyone under the age of 18 is present. The legislation applies to both England and Wales.

If someone is caught smoking in a vehicle with children/young people under the age of 18, both the driver and the smoker could be fined. The fixed penalty notice fine for this offence is £50 (for person who smokes and for driver) - someone who committed both offences could get two fines. The law does not apply if the driver is 17 and is on their own in the vehicle. However, if a 17 year old were learning to drive and their supervisor or anyone else in the car was smoking, the smoker would commit an offence.

The legislation applies to all private vehicles that are wholly or partly enclosed by a roof even if the windows or sunroof are open, the air conditioning is on or the person/s who are smoking are sat in the open doorway of the vehicle. However, the law won't apply to a convertible car when the roof is fully down or work vehicles/public transport (it is already against the law to smoke in such vehicles).

The legislation doesn't apply to motorhomes or campervans (motor caravans) and caravans when they are being used as a home. The reason for this is that the legislation is intended to apply to vehicles not homes. The legislation doesn't apply to e-cigarettes (vaping).

If you have a vehicle that allows you to remove roof panels but does not allow you to remove supporting sections, it will ultimately be a matter for a court to decide whether the remaining sections constitute a roof for the purposes of the legislation.


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