First Moray fixed penalty for smoking violation

Date Added - 26/03/09

Moray Council has issued its first fixed-penalty notice since the smoking ban was introduced in licensed premises, public building and works vehicles almost exactly three years ago.

The £50 fine was imposed on a taxi driver who was seen smoking at the wheel in Elgin. The penalty was reduced to £30 because he chose to pay within 14 days.

The driver, who was alone in the vehicle, was spotted by a member of the council’s tobacco control team and traced by the registration details of the taxi.

The move marks the beginning of a crackdown by tobacco control officers following a period of grace during which offenders have escaped with a warning.

A council spokesman said: “Licensees have adopted a very responsible attitude since the smoking ban was introduced in March 2006, as have companies which operate works vehicles.

“Fleet operators are extremely diligent and in some cases they have deemed smoking in a works vehicle to be a dismissible offence.

“However, there are still those who are flouting the law and we will be taking a harder line.

“We are particularly vigilant about taxis because they are a form of public transport and passengers should not be exposed to the effects of smoke.

“Regular warnings have been issued to taxi drivers and the time has come when it is more likely that they will be issued with fixed penalties.”

Enforcement staff have also noticed an increase during the recent warmer weather in the number of drivers smoking while driving with their windows open.

They are reminded that if they wish to smoke they must stop the vehicle and get out.

Moray Council itself is the area’s biggest employer and operators one of the largest fleets of vehicles. In the three years since the smoking ban came into force, eight of its employees have faced disciplinary proceedings for smoking in council vehicles.