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York taxi drivers flout smoking ban


PRIVATE hire vehicle drivers have continued to flout the smoking ban by lighting up in the cars they use for work, City of York Council has revealed.

A report by council officers says that since July 1 this year the authority has issued four £50 fixed penalty notices (FPNs) to as many private hire drivers for smoking in their vehicles.

During the period July 1 last year – when the legislation outlawing lighting up in public places was introduced – to June 30, the council handed out seven £50 fines to private hire drivers for smoking tobacco inside the vehicles they used for work.

Barry Hamer, chairman of York Private Hire Association, which represents private hire vehicle drivers, today said he was disappointed that drivers continued to flout the law.

“This is the law,” he said. “It’s not asking people – it’s the law that they can’t do it.

“It isn’t a matter of where you work – they have to realise the vehicle is a working office.

“I just don’t understand why they want to carry on ignoring it, knowing that the trade is hard, I can’t understand why they want to pay a fine when they work so hard for the money. It’s hard work out here now – it’s harder to work than when I first started. Why do they want to do that?”

He said drivers who continued to flout the law could only expect the penalties they were given.

The Press revealed in May how, since the smoking ban kicked in, the council had issued five FPNs of £50 to drivers of hackney carriages for smoking in their vehicles, which the law classes as places of work.

The council said it fully investigated any allegations of breaching the ban. It said if members of the public wished to report any breaches of the smoke-free legislation, they could phone the authority on 01904 551525.

Comments(10)

chewing gum says...
9:51am Thu 27 Nov 08

Should be allowed to smoke in their own cars,
Im sure there not doing it when carrying passengers.

BigJon says...
10:03am Thu 27 Nov 08

chewing gum wrote:
Should be allowed to smoke in their own cars, Im sure there not doing it when carrying passengers.
But as you pay a lot of money to be a passenger in their cars would you really want to use one that stinks of cigarette smoke?

Why not use a 3-strikes and out approach and threaten to take away their taxi licences if they are caught

Belinda-1 says...
10:18am Thu 27 Nov 08

I can think of much worse things than smoke in the cab, and I am not surprised that cabbies have taken this line. Expecting people who work long hours driving to step out of their cabs into inclement weather, often at night time in the big cities, possibly placing them at risk of assault, is inconsiderate, especially if they cannot hear incoming calls about bookings.

Mr Hamer may not be able to understand this action. He should be standing up for the cabbies.

I am amazed that any member of the public would want to inform on someone who had delivered them safely to their destination if their only offence was smoking in the cab ... I am staggered that any member of the public would want to snitch on anyone for this offence at all.

js66 says...
12:52pm Thu 27 Nov 08

With ridiculous laws like this, is it any wonder why people pick and choose which laws they obey!

chas says...
1:28pm Thu 27 Nov 08

They are PRIVATE hire vehicles, NOT public hire. If there is a smell, passengers are not forced to use them.

agabbiecabby says...
2:31pm Thu 27 Nov 08

I would like to apologise for being guilty of smoking in my PHV in York, but i wont ha.
Doesn't an enforcement officer need photographic evidence to be able to issue you with a fine?
Also only 11 drivers in 16 months not really a good capture rate is it, i see more in a day than what they have caught.
It isnt very good value for money, perhaps they should cut staff levels since the council is looking at saving money.


"Why not use a 3-strikes and out approach and threaten to take away their taxi licences if they are caught"

Is a driver not a fit and proper person just because he/she has been caught smoking in his car?
Not like he has killed some one is it?

chewing gum says...
9:21pm Thu 27 Nov 08

BigJon wrote:
chewing gum wrote: Should be allowed to smoke in their own cars, Im sure there not doing it when carrying passengers.
But as you pay a lot of money to be a passenger in their cars would you really want to use one that stinks of cigarette smoke? Why not use a 3-strikes and out approach and threaten to take away their taxi licences if they are caught
yes I would, better than walking.

Nitro says...
10:41pm Thu 27 Nov 08

We have generally accepted that Lorry Drivers, Delivery Drivers etc are still going to smoke in their vehicles where practicle.

We do not have enough enforcement officers to police it and by the end of next year we will have to accept that stopping people smoking in vehicles will be a lost cause.

Mr Barry Hamer may not have to defend anyone with regards smoking in the very near future.




David from New Mills says...
3:38pm Fri 28 Nov 08

chas, suffolk says...
1:28pm Thu 27 Nov 08.
Muddled, befuddled, old Charlie is disingenuously choosing to confuse the terms "private hire vehicle" and "public substantially enclosed area". Perhaps he should brush up on the appropriate legislation.

David from New Mills says...
4:02pm Fri 28 Nov 08

Belinda-1, Edinburgh says...
10:18am Thu 27 Nov 08.
Not every one is as benign as Belinda C. about the prospect of having their taxi reeking of tobacco fumes. An open window should enable incoming calls to be heard. If stepping out is considered to be too dangerous, let the driver wait till the end of the shift. How does his bladder cope?


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