From today – 01 June – there is only one month to become compliant with the new Health Act. This new law will affect both business cars and business vans, which may need to become smokefree.On 01 July 2007 the Health Act becomes law in England.

It requires all enclosed public places and workplaces to be smokefree.

The workplace extends to business vehicles – cars or vans.

And to private vehicles used on business – where the business element is more than 50% of all mileage covered.

For small business owners, using their own personal car for business transport, this is an important consideration.

Wales and Northern Ireland have already introduced their versions of the ban.

Scotland has its own legislation.

So what does the new Health Act say?

• All cars and vans must be smokefree if they are:
• Used by members of the public; or
• During the course of paid or voluntary work the vehicle is used by more than one person – even if this is at different times.

What should you do?

If your company’s vehicles fall into the above categories then they must be smokefree. And display the international no-smoking sign.

It must be colour and at least 70mm in diameter in England (but 75mm in Wales and Northern Ireland).

Are there exceptions?

Yes there are – just to make this complex legislation more confusing for small businesses and add extra legislative red tape.

Business cars are exempt if they are only used by one person.

Convertible business cars are also exempt. But only when the roof is fully retracted.

Private cars used on business are also exempt – provided business usage is below 50% of the vehicle’s annual mileage.

Who has responsibility to enforce the Health Act?

The business owner, or director responsible for managing the company’s vehicles, must ensure ensure no-smoking signs are properly displayed.

Drivers must also prevent someone smoking in a smokefree vehicle.

What are the fines for non-compliance?

These range from £150 right up to £2500 on conviction. So ignoring the rules could be costly.

In many ways, it might be easier to extend a total no-smoking ban to all your company’s business vehicles.

For sole traders or single-director company owners that smoke there is no compliance problem. Unless, of course, you take clients in your company-owned vehicle.

What should you do next?

• There’s further information in our Law section. Read The law and smoking in vehicles: England
• The Department for Health will be supplying free no smoking stickers. Call 0800 169 169 7.
• There is further guidance on the internet at www.smokefreeengland.co.uk.