A ban on smoking in cars seems to be gaining momentum. The idea first surfaced a couple of years ago during the wider law change it seems, primarily touted as a road safety measure.
Two years on, and it’s making headlines again after a doctor has expressed his concerns about child passive smoking.
We don’t really need to go into the health issues here, which are well documented. But the case as a threat to driver safety seems much less clear. Is holding a cigarette really any more dangerous than tuning the radio, and do we need legislation to control it?
I don’t know about you, but I get the feeling a ban is coming…
According to the Road Traffic Act 1988 Section 3, almost anything you can do in a car can be construed as careless driving if it in anyway inhibits the driver’s ability to respond in an emergency. Blackstone’s Police Manual in particular mentions: using a mobile ‘phone, tuning a car radio, reading a newspaper or map, selecting and lighting a cigarette, talking to and looking at a passenger to the extent that the driver is more than momentary inattentive, driving with a leg or arm in a plaster, and fatigue, whether or not the driver nods off. All of these are said to relate to the driver’s conduct, whether or not he or she is otherwise a safe and prudent driver. Any ‘conduct’ that inhibits proper reaction or which results in some other moving traffic offence, if the consequences are serious enough, or the perceived danger to other road users of sufficient magnitude, can lead to a charge of dangerous driving. The test is whether or not the driver has fallen below (careless driving) or far below (dangerous driving) the standard required.
Graham Whyte | 24 Sep 09 - 0:07