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Taxi drivers and the new smoking legislation

In April 2, 2007, in Rhondda, was introduced the ban on smoking in all enclosed public places and workplaces. The new legislation aims is to protect people from second-hand smoke.

This new law affects all businesses, residents and visitors within Rhondda. The smoke free legislation covers all taxis and mini cabs. Any commercial vehicle carrying members of the public will be required to be smoke free at all times.

Reasonable steps must be taken to ensure that both employees and customers are aware that vehicles used for public transport are legally required to be smoke free at all times.

The legislation specifically requires the following:

All commercial vehicles used to transport members of the public must be smoke free at all times.

No smoking signs must be displayed in a prominent position which is clearly visible on entering the vehicle. The sign must include the red international no smoking symbol and must be at least 70mm in diameter.

The legislation requires all vehicles used for public transport to be smoke free at all times. Therefore taxi/mini cab drivers cannot smoke in their vehicles even when they do not have any passengers.

Even this new law didn’t stop people to quit. Scientists showed that people from Wales violate the new smoking law especially taxi drivers.

In Wales was persecuted under the new smoking ban law the first taxi driver for over 18 years old, John Colcomb. The prosecution was brought by Rhondda Council’s public health and protection enforcement officers.

John Colcomb received two fixed penalty notices, one for smoking in a work vehicle and the second for throwing the cigarette butt onto the highway.

Of course the taxi driver refused to pay the fine. Therefore the case was heard at Rhondda Magistrates Court and the accused taxi driver was ordered to pay a fine of £435.

The car he was driving was a licensed taxi, which also resulted in him being fined for smoking in a work’s vehicle. Colcomb received the two fixed penalty notices of £50 for smoking and £75 for litter, both of which he disputed.

Mr. Colcomb said: "It just feels like Big Brother is watching you. I enjoy my fags and I don't know what the world is coming to when you are not allowed to have a smoke in your vehicle. There are plenty of other taxi drivers out there who are smoking in their cabs and the council will have their hands full trying to catch them."

Rhondda Council prosecuted Colcomb for default to pay the fixed penalty notices. Colcomb was fined £100 for each of the charges and ordered to pay £220 costs and £15 in victim surcharge.

A spokesman said: "Most taxi drivers own their own vehicles. The ban on someone smoking inside what is their own property is one of the most absurd things about this legislation. Being told what they can and can't do in their vehicle is a huge invasion of privacy and freedom. I think most people would regard this case as a ludicrous waste of everyone's time."