Taxi Driver Online

Just Had these responses from LO; So they are now our employers eh? If anyone can identify the 2010 crown court appeal be good to hear from you.

It doesn't say that it was a taxi driver, just that it was a driver. That would probably mean that it was a council employee in a council vehicle.

I don’t have the details anymore but the case was argued on the definition of smoking under Section 1 Health Act 2006 which defines it as "smoking tobacco or anything which contains tobacco, or smoking any other substance", and states that "smoking includes being in possession of lit tobacco or of anything lit which contains tobacco, or being in possession of any other lit substance in a form in which it could be smoked".

There was also reference to smoke, vapour or odour being emitted.

The section where it says employers may allow them to be smoked is wrong and in my view, having had this case in the Crown Court and would need to b challenged further in order have the legislation changed. So until such time as this challenge is made the law is quite clear e cigs are illegal

Dear Sir

Thank you for your e-mail and the information you have provided. May I please take this opportunity to advise you of the following: At a meeting of the Environmental Protection Committee, Members had raised their concerns regarding the use of electronic cigarettes in licensed vehicles and the increasing difficultly this may raise regarding the enforcement of the No Smoking policy in Licensed Vehicles. If using electronic cigarettes or any other cigarette substitute which may be perceived to appear as a cigarette, drivers could put themselves at risk of being accused of smoking, which is not permitted in hackney carriage and private hire vehicles at any time irrespective of whether the vehicle is being used for hire or for private purposes. The consequences of such an accusation are as follows:

The Licensing and Land Charges Manager has the delegated authority to automatically suspend the licence of any licensed hackney carriage/private hire driver found to be smoking in a licensed vehicle if that person admits to the offence when interviewed under caution. The period of suspension shall be one week in all such cases.

Any alleged incident of a licensed hackney carriage/private hire driver smoking in a licensed vehicle where the driver denies the offence during interview under caution be referred to the Licensing and Environmental Health Committee for a decision

If, on the balance of probabilities, the Committee determines that the licensed driver has been smoking in a licensed hackney carriage/private hire vehicle, the Committee reserves the right to impose a period of suspension of two weeks and/or require the licence holder to undertake and successfully complete the approved driver training course.

Any driver whose licence is suspended by the Licensing and Land Charges Manager under delegated powers would of course have the right of appeal against the decision to the Committee. Similarly, with regards to decisions made by the Committee, drivers would also have the usual right of appeal to the Magistrates’ Court

The decision to impose a condition on the use of electronic cigarettes or any other cigarette substitute which may be perceived to appear as a cigarette, is not based on any issues involving heath.

Regards

Stephen Anders
Licensing and Land Charges Manager

Unreasonable policy ?
Fettered discretion ?
Failure to treat each case according to it's merits ?

I'm pretty sure a Sheriff would throw this out in Scotland. Not sure about English law. Can they do this?

I Think question 2 and 3 are covered by the policy but question 1 would require a judical review to change. It could be argued that because of the confusion that could be caused the policy is reasonable.

If they banned Coca-cola because the driver might be accused of drinking beer, would that be reasonable?

I didn't say that I agreed with the policy, but a court may agree. Try it and test your defence in the courts.

so I reckon it’s understandable why they’d want to stop drivers from using them,

Well back in the land of the living,
I went out on a bender yesterday with my brother around Plymouth, in the second last place we went in a member of staff came up and said I could not use my ecig in there, I told him to do one, as they were not illegal, he said He would call the police, I said please do then I will get you lifted for wasting police time, the pub is just round the corner from where Chris the fish ranks on Royal parade, result after telling the twonk to do one, sat there for an hour drinking and vaping away