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Smoking ban
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Author:  labraiz [ Sun Apr 22, 2007 6:47 pm ]
Post subject:  Smoking ban
In july the smoking ban will be introduced in England how much impact will this have on our trade i personally think the trade will suffer badly also our LA has sent memos out to all drivers that even wen they are not working they are not allowed to smoke in the cars that are plated how will they manage to police it also for ppl in Scotland & Wales has the smoking ban effected your trade badly?
Author:  kermit2482 [ Sun Apr 22, 2007 7:09 pm ]
Post subject: 
IMO people will gey used to it fairly quickly and it wont make a blind bit of difference, lets be honest they are going to have to get used to it as its gonna happen wether we like it or not!!!!
Author:  grandad [ Sun Apr 22, 2007 7:51 pm ]
Post subject: 
My LA introduced a smoking ban in taxis and private hire last year. The drivers just ignore it and the LA has not taken any action. One of my drivers was reported for smoking in the car and the LA said that they didn't consider this to be a disiplinary matter.
Author:  The Lone Ranger [ Sun Apr 22, 2007 8:21 pm ]
Post subject:  Re: Smoking ban
labraiz wrote:
In july the smoking ban will be introduced in England how much impact will this have on our trade i personally think the trade will suffer badly also our LA has sent memos out to all drivers that even wen they are not working they are not allowed to smoke in the cars that are plated how will they manage to police it also for ppl in Scotland & Wales has the smoking ban effected your trade badly?


Yes, along with other factors it has affected it, I think Albert Einstien was right when he said:

"The prestige of government has undoubtedly been lowered considerably by the prohibition law. For nothing is more destructive of respect for the government and the law of the land than passing laws which cannot be enforced. It is an open secret that the dangerous increase of crime in this country is closely connected with this."

I give it ten years and the capitulation of this country will be complete, if it takes that long.
Author:  Sussex [ Sun Apr 22, 2007 9:34 pm ]
Post subject: 
I don't think it will effect my trade one little jot. If folks don't go down the pub they will go over their mates, or invite their mates round. So long as they take a taxi/PH it shouldn't be a problem.

Maybe some folks who don't smoke will replace the smokers, as the last thing a non-smoker wants is to go into a smokey pub or restaurant. :wink:

The other thing to remember is that smoking kills, and if punters are dead, they don't often use cabs. :shock:
Author:  Spooks [ Sun Apr 22, 2007 11:13 pm ]
Post subject: 
Gosport BC have stated they will impose it and take any action against any Offenders
Whether they will is another issue
Author:  Forfar Cabbie [ Sun Apr 22, 2007 11:30 pm ]
Post subject:  Smoking Ban
Have had no tron uble here with it . The public have accepted it. Only people who have been procesuted here are drivers.
Author:  skippy41 [ Mon Apr 23, 2007 12:00 am ]
Post subject: 
Drivers can still stand outside there cabs and smoke, they can even sit with the door open and one foot on the floor, and if you live in the sticks you can have a fag in between jobs on the move with the window open.
The best way of clearing any smoke is to open both front windows and this acts as a chimney drawing all the smoke out and a quick squirt of air freshener wont go amiss
Author:  MR T [ Mon Apr 23, 2007 1:09 am ]
Post subject: 
Let see 500 pounds fine if the drivers caught smokeing, but he gets a £2,500 fine if his passengers are caught smoking......
Author:  Skippy71 [ Mon Apr 23, 2007 9:57 pm ]
Post subject: 
STRICTLY NO SMOKING stickers placed in cab last week and already the complaints are rolling in. LO have issued window stickers but - I only ever let people smoke in the cab if they are stone cold sober and its a journey of more than an hour - ie. smoke on someone elses turf! There is always going to be the drunken "derry aire" who wants a fag and there is NO WAY he is gonna be allowed and that forms grounds for complaint! If they want my badge that badly they can have it!
Author:  dundee wav [ Mon Apr 23, 2007 10:01 pm ]
Post subject: 
a dundee cabbie got fined £50 this week for not displaying any no smoking signs in his cab, i think this is the first offence of that nature in dundee, according to the council 50 drivers have been charged with smoking in their taxis since the ban came in, when you go for your cab test, the testers provide you with free no smoking signs that have the councils name on them, they even advise you of where to put them, i dont know why he didnt have any but i would be fighting the fine myself
Author:  Skippy71 [ Mon Apr 23, 2007 10:13 pm ]
Post subject: 
Where does it state when you take on a Plate that you have to comply with a No Smoking (PAX or driver) situation? Can't find it in my paperwork either so will continue to fight it.

For the Smokers amongst us; aren't our Human Rights impaired is we have to either get out of our cabs or have the door open and one foot on the floor? Isn't that putting us as risk? Are there no other smokers on here? Is no one else prepared to stand up for themselves?
Author:  dundee wav [ Mon Apr 23, 2007 10:48 pm ]
Post subject: 
it will be introduced as a new condition of your license, the conditions do change regulary, in dundee you get one sticker which you must sign and put on the passenger front window explaining that any passengers with a complaint should inform the named person on the sign regarding smoking in the vehicle, personally i cant wait to see how the situation is handled down south, the smokers up here (which im not) rolled over and played ball
Author:  The Lone Ranger [ Tue Apr 24, 2007 12:51 am ]
Post subject: 
Of course in Scotland we also have the Criminal Law (Consolidation) (Scotland) Act 1995 (c. 39) so we have to Police the Alcohol as well, I have had this a few times lately, you get flagged down by a group, you stop and pick them up, get on your way and next thing one of them, or all of them have either a bottle or in some cases a glass, but have concealed it in some way or other.

Alcohol on vehicles.

19.—(1) Where a public service vehicle or railway passenger vehicle is being operated for the principal purpose of conveying passengers for the whole or part of a journey to or from a designated sporting event, then—
(a) any person in possession of alcohol on the vehicle shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding level 3 on the standard scale or both;
(b) if alcohol is being carried on the vehicle and the vehicle is on hire to a person, he shall, subject to subsection (7) below, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale; and
(c) any person who is drunk on the vehicle shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(2) Notwithstanding section 92 of the [1976 c. 66.] Licensing (Scotland) Act 1976 (restriction on carriage of alcoholic liquor in crates on contract carriages), but subject to subsection (7) below, if the operator of a public service vehicle which is being operated as mentioned in subsection (1) above, either by himself or by his employee or agent permits alcohol to be carried on the vehicle, the operator and, as the case may be, the employee or agent shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) This subsection applies to a motor vehicle which is not a public service vehicle but which is adapted to carry more than 8 passengers and is being operated for the principle purpose of conveying two or more passengers for the whole or part of a journey to or from a designated sporting event.

(4) Any person in possession of alcohol on a vehicle to which subsection (3) above applies shall be guilty of an offence and liable on summary conviction to imprisonment for a period not exceeding 60 days or a fine not exceeding level 3 on the standard scale or both.

(5) Any person who is drunk on a vehicle to which subsection (3) above applies shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.

(6) Any person who permits alcohol to be carried on a vehicle to which subsection (3) above applies and—
(a) is the driver of the vehicle; or
(b) where he is not its driver, is the keeper of the vehicle, the employee or agent of the keeper, a person to whom it is made available (by hire, loan or otherwise) by the keeper or the keeper's employee or agent, or the employee or agent of a person to whom it is so made available,
shall, subject to subsection (7) below, be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(7) Where a person is charged with an offence under subsection (1)(b), (2) or (6) above, it shall be a defence for him to prove that the alcohol was carried on the vehicle without his consent or connivance and that he did all he reasonably could to prevent such carriage.

Interpretation of Part II.

23. In this Part of this Act, unless the context otherwise requires—
"advertised" means announced in any written or printed document or in any broadcast announcement;
"alcohol" means alcoholic liquor as defined in section 139 of the Licensing (Scotland) Act 1976;
"designated" means designated by the Secretary of State by order under section 18 of this Act, and "designated sporting event" includes a sporting event designated under section 9(3)(a) of the [1985 c. 57.] Sporting Events (Control of Alcohol) Etc. Act 1985;
"keeper", in relation to a vehicle, means the person having the duty to take out a licence for it under section 1(1) of the [1994 c. 22.] Vehicles Excise and Registration Act 1994;
"period of a designated sporting event" means the period commencing two hours before the start and ending one hour after the end of a designated sporting event, except that where the event is advertised as to start at a particular time but is delayed or postponed in includes, and where for any reason an event does not take place it means, the period commencing two hours before and ending one hour after, that particular time;
"public service vehicle" has the same meaning as in the [1981 c. 14.] Public Passenger Vehicles Act 1981 and "operator" in relation to such a vehicle means—
(a) the driver if he owns the vehicle; and
(b) in any other case the person for whom the driver works (whether under a contract of employment or any other description of contract personally to do work);
"railway passenger vehicle" has the same meaning as in the Licensing (Scotland) Act 1976;
"relevant area" means any part of a sports ground—
(a) to which spectators attending a designated sporting event are granted access on payment; or
(b) from which a designated sporting event may be viewed directly;
"sporting event" means any physical competitive activity at a sports ground, and includes any such activity which has been advertised as to, but does not, take place; and
"sports ground" means any place whatsoever which is designed, or is capable of being adapted, for the holding of sporting events in respect of which spectators are accommodated.

Not really sure what it all means and I cant be bothered to find out because it will have nothing to do with the real life scenarios that we face out on the streets of the various town centres up and down the country, the smoking ban is just the same, just another flashpoint where none previously existed, another area of conflict foisted upon us by the politicians and the WHO,of course they will be safely tucked up in their beds while we are left to enforce their rules.

You dont have any choice in this because if you dont enforce it you get the fine for someone else breaking the law, how do you physically stop someone from smoking,why should you risk your life or wellbeing or lose your licence because of this.

Thats not to say smokings a good thing but I cannot see why an innocent person should be liable for someone elses behaviour.

Someone else breaks the law and an innocent person is liable for allowing this to happen, surely a strange form of enforcement is it not, what happened to the "you do the crime, you do the time" adage, everything is all back to front in this country now, there is no compromise now, no freedom of choice and no justice, it's just another means to punish the innocent rather than the person responsible.

So just to sum up: Smoking is no good but neither is anything else these days, it's an expensive way to kill yourself, but you will die at some point, we all do, it has nothing to do with the smell of it.
Author:  Fae Fife [ Tue Apr 24, 2007 12:56 am ]
Post subject: 
Skippy71 wrote:
Where does it state when you take on a Plate that you have to comply with a No Smoking (PAX or driver) situation? Can't find it in my paperwork either so will continue to fight it.



In Scotland the smoking ban has nothing to do with council licencing as such, and is enforced by the environmental department (or similar) therefore it's a bit like saying that the council don't enforce the road traffic laws.

So it'll probably be the same in England, but if councils want to incorporate the ban into the taxi licencing rules then I don't see why they couldn't, but either way it's the no-smoking legislation that will take precedence.
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