TOT; Smoking in cars

[Mr Pounder Esquire]

Only if they were young apprentices that you could bully.

[Mr Pounder Esquire]

I gotta go with that one.

[Fredxxx]

It says "for a driver (including a provisional driver) not to stop someone smoking in these circumstances".

I'm not sure what the precise act wording is, but "to stop" someone smoking is not instantaneous. Its not clear what steps the driver can take without incurring the wrath of any other law, such as stopping on a motorway? Or should that be considered an emergency?

[ARW]

?

The NAPIT inspector was in his 40s but it only took me 3 seconds to leave that 17 stones of blubber on the floor calling for the police.

[ARW]

Told you I was reasonable and a good teacher. At 5am they can finger Vanessa if they want to.

[Chris French]

The precise wording is:

"if you are the driver, to fail to prevent smoking in a private vehicle with someone under age 18 present"

The normal approach is for guidance to be published about how to enforce the legislation.

I would expect it to say something about the driver making reasonable efforts to stop the passenger smoking. So I wouldn't expect it to be considered reasonable to punch the passenger, nor would it be expected to stop the car on a motorway.

[Fredxxx]

"Failing" someone else to "stop smoking" is quite another. It sounds quite explicit. The guidance on what constitutes this "fail" will be interesting.

[Robin]

Spot on - except it's a "statutory defence" in the legislation which gets you off the hook if you can show you "took reasonable steps to cause the person in question to stop smoking".

[bert]

Neither. The police can't be arsed.