Smokefree Vehicles

Vehicles used for work purposes

Smoking isn't allowed in any work vehicle that more than one person uses, for example:

• taxis
• buses
• vans
• goods vehicles used by more than one driver
• company cars used by more than one employee

This means any shared vehicles, no matter when it is shared, must be smokefree. Therefore if a person drives the vehicle on Monday and a second person drives the same vehicle on Tuesday, and they are both alone when driving, they still cannot smoke, as the vehicle is shared.

A worker can smoke in a company car that only they use, if their employer agrees. 

The laws applies:

• to any work vehicle that is enclosed wholly or partly by a roof;
• when people have the windows or sunroof open, or the air conditioning on;
• when someone sits smoking in the open doorway of a vehicle.

Do work vehicles have to display no-smoking signs?

Yes, work vehicles, used by more than one person, must also display a no-smoking sign. Vehicles need only display the international no-smoking symbol.

If two colleagues share the same company transport, both smoke and both want to smoke in the vehicle is this permitted?

No. The law has been set up to protect non-smokers and smokers alike from second hand smoke exposure and all work vehicles must remain smoke free at all times.

If the vehicle has no roof, can a person smoke?

Yes, because the vehicle is not enclosed.

If a worker has a window wound down can they smoke?

No, because the vehicle is enclosed.

Can drivers of public transport vehicles, such as Taxi's or buses, smoke when the passengers are not in the vehicle?

No, the vehicle must remain smokefree at all times, even when the vehicle isn't available to the public.

Smoking in Private Vehicles

It is illegal to smoke in a car (or other vehicle) with anyone under 18.

The law changed on 1 October 2015, to protect children and young people from the dangers of secondhand smoke.

This applies to:

• to any private vehicle that is enclosed wholly or partly by a roof;
• when people have the windows or sunroof open, or the air conditioning on;
• when someone sits smoking in the open doorway of a vehicle.

The law does not apply to:

• e-cigarettes (vaping)
• a driver who is 17 years old if they are on their own in the car
• a convertible car with the roof completely down