Smoking with Minors in Vehicles Ban Act 2017 1

MODEL
HOUSEOFCOMMONS

LORDS BILL 109

BILL
TO

Ban smoking in private, public or commercial enclosed vehicles with minors under
the age of 18 present.

B E IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of
the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled,
and by the authority of the same, as follows:

1 Definition
In this Act
enclosed vehicle means a vehicle that is enclosed wholly or partly by a roof and
by any door or window that may be opened, and
(a) except where paragraph (b) applies, roof includes any fixed or
moveable structure or device which is capable of covering all or part
of the vehicle, including any canvas fabric or other covering;
(b) in relation to a vehicle that is engaged in conveying persons, roof
does not include any fixed or moveable structure or device which
(i) is completely stowed away so that it covers no part of the roof,
or
(ii) is a moveable structure or device when it covers no part of the
roof;
(c) in relation to a vehicle that is engaged in conveying persons, the ban
also applies to
(i) when people have the windows or sunroof open, or the air
conditioning on;
2 Smoking with Minors in Vehicles Ban Act 2017

(ii) when someone sits smoking in the open doorway of a vehicle;

(iii) when the vehicle is stationary;
caravan means a trailer which is designed for road use and provides mobile
living accommodation;
motor caravan means a motor vehicle which is constructed or adapted for the
carriage of passengers and their effects and which contains, as permanently
installed equipment, the facilities which are reasonably necessary for enabling
the vehicle to provide mobile living accommodation for its users;
road has the same meaning as in section 192(1) of the Road Traffic Act 1988.

2 Ban
(1) Smoking inside any vehicle either private, commercial or public is prohibited if
(a) it is enclosed,
(b) there is more than one person present, and
(c) a person under the age of 18 is present in the vehicle.
(2) Subsection (1) does not apply to
(a) a caravan or motor caravan that is stationary and not on the road, or
(b) a caravan or motor caravan that is stationary, on a road, and being used as
living accommodation.

3 Penalties
Violation of section 2(1) shall carry a fine of 100 for the person smoking and the
driver of the vehicle; and a fine of 500 may be issued for repeat violation.

4 Commencement, short title and extent

(1) This Act shall come into force immediately after Royal Assent.
(2) This Act may be cited as the Smoking with Minors in Vehicles Ban Act 2017.
(3) This Act extends to England and Wales only.