Drivers could be fined £2,000 for exposing children to cigarette smoke in cars

If the States give the go-head, new regulations lodged this week by Health Minister Andrew Green will make it illegal not only for anyone to smoke tobacco in an enclosed vehicle occupied by under-18s, but also places responsibility on the driver, as well as the person in charge of the vehicle if they are present, to stop other occupants from smoking.

However, open-topped vehicles are exempt if the roof is stowed away, as are motor homes if stationary and permanently used for residential purposes.

Fines for breach of the law, which will be enforced by the States police, range from a maximum of £500 for smoking in a vehicle when an under-18 is present to £2,000 for drivers who fail to prevent passengers from smoking.

However, allowances will be made for those who can show that they believed all other occupants were 18 or over, or who took ‘all reasonable steps’ to stop the person from smoking.

Since 2007 smoking has been banned from enclosed workplaces, including bars and restaurants, and it is illegal to smoke in a company vehicle.

The latest proposals follow a States debate last year when Members voted by 42 to four in favour of changing the Restriction on Smoking Law to make it illegal to smoke in a vehicle carrying anyone under the age of 18, in line with the Health Department’s tobacco control strategy to protect families and communities from tobacco-related harm.

Health’s head of health improvement, Martin Knight, said: ‘The levels of pollutants are far higher than those found previously in busy bars and restaurants.

‘Even when a vehicle is well-ventilated, with all the windows down, the levels are still harmful to health.’

Since the introduction of the smoking ban in UK workplaces the number of non-smoking adults suffering heart attacks had reduced significantly, he said. ‘There is a really clear correlation – tobacco smoke is a poisonous product.

‘We don’t bring in these measures without very strong evidence – it is a similar situation to seat belts. The number of deaths prevented by using seat belts has been considerable.’

Mr Knight said that the fact that journeys in Jersey were likely to be shorter than in the UK should make it easier for drivers to refrain from smoking while in the car. ‘Children do not have a voice and tobacco smoke is of considerable risk to their health – so let’s save our children’s health,’ he added.

In a consultation carried out by the department in 2013, 87% of smokers who responded said they believed it was important that the States should stop children coming into contact with second-hand smoke, and a majority said they would support a law to stop smoking in cars carrying children.

Health say that in Jersey around 160 babies a year are identified as being at risk of exposure to tobacco smoke at their six-week check, with an estimated 1,800 children exposed weekly to smoke in cars.

There is also evidence that children who grow up in smoking environments are more likely to become smokers themselves.

A number of other countries, including Australia, the US and Canada, have already put in place laws that prohibit smoking in vehicles carrying children and in England similar regulations will come into force on 1 October, with Scotland, Wales and Northern Ireland likely to follow suit.

IN November it was revealed that the number of Islanders who smoke daily has remained almost unchanged for at least the last four years – despite the introduction of the smoking ban and the launch of several high-profile campaigns.

Figures contained in the 2014 Jersey Annual Social Survey showed that 16 per cent of Islanders smoke every day – one per cent more than in 2010. And daily smokers get through an average of 13 cigarettes per day – similar to 2008, when the average was 14. Meanwhile, six per cent of Islanders admitted that although they did not smoke every day they did occasionally smoke – the same percentage as in both 2012 and 2013 and slightly lower than in 2010, when eight per cent said that they occasionally lit up.

The figures have remained static despite the introduction of the smoking ban in January 2007, several high-profile campaigns and the fact that smoking in cars containing children under 18 is to be outlawed.

‘Excellent move! Difficult to enforce I should think.’

Tracey Perkins

‘Does that mean a 17-year-old when driving their own car with no passengers can’t smoke?’

Stephanie Marett

‘Cost of the survey, politicians debating it, civil servants writing it into law, police training … I’d have rather the money had gone to cancer research.’

Pete Allan

‘I think its a great idea, but who is going to enforce it? It’s unbelievable the amount of people I still see driving around on their mobile. So don’t know how this will work.’

Carolyn Woodley

‘It should not have to be a law, people should just have common sense.’

Heidi Coxshall Bellas

‘Agree but I’m sure those that smoke in cars with their kids will What do you think of the decision? Join the debate on our Facebook page, Twitter or at jerseyeveningpost.com only go home and smoke in the house with their kids!’

Jodie O’Brien

‘Good idea but difficult to police. Still lots of people on mobiles in cars.’

Paul Ruderham

‘It’s law in Queensland Australia and it works.’

Zoe Daisy Turner

‘Why not ban it in cars completely? Hard to see if kids are in a car and harmful to adults too. A bit like proposed cycle helmet law – why shouldn’t all the population be obliged to wear them, not just kids. Either everyone should be protected or no-one.’

Melanie Luce

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