Hot convertibles - Jan. '07

Topless’ drivers pose ‘grey area’ over Summer ’07 smoking ban

Businesses are being urged to question the motives of staff requesting the latest ‘hot’ convertible company cars this summer as it may not be simply to feel the warm wind in their hair – it could be to enjoy the smoke in their lungs, according to leading fleet management company Masterlease.

According to a current loophole in the Department of Health guidelines ahead of the smoking ban set to take effect on July 1, convertibles could become the ‘hot’ accessory of the summer because, unlike other company cars, they currently fall outside the new law if drivers light up with the roof down.

Masterlease has criticised the anomaly for creating a further fog of confusion for businesses that would be liable for drivers caught breaching the ban. The company is calling on all businesses to self regulate their employees by introducing a smoking moratorium amongst their drivers, regardless of the car that they drive.

The company believes the Government should and could close the ‘topless’ loophole ahead of July. It also claims prohibiting smoking will also save businesses money.

The loophole surrounds the wording ‘substantially enclosed' areas in the Health Bill. A Department of Health spokesman said that convertible cars were a 'grey' area, but the Government would look again at the regulations to ensure they cover all work-related areas. Currently other company cars used by two or more people – even when they are not in the vehicle - are included and private cars driven for business also fall foul of the law. The ban covers all vehicles on business premises and/or on company business and it does not matter if all occupants of the car or van smoke or do not mind.

Bosses can possibly get round the ban by refusing to allow other staff into the car for business, but this will increase risk, cost and a company’s carbon footprint as staff will have to use another vehicle to go to the same meeting, for example.

The current proposals go further than the ban north of the border where the Scottish Executive fell short of banning it in private cars used for business and company vehicles when it was launched last April. In Ireland, which has also banned workplace smoking, the regulations cover cars and vans but it does not apply to cars arriving from outside the country.

"There is a fog of confusion around this ban so the best policy is to ban it completely because it is the companies that will be vicariously liable to face fines if their staff are reported," says Gavin Jones, head of risk management at Masterlease.

"Applying the Department of Health's own regulations would allow smoking in a convertible with the roof down which makes a mockery of the spirit of the ban and highlights a loophole that drivers could currently exploit. A blanket ban is true to the health message and will protect the residual value of the vehicle when it comes back for re-marketing,” adds Jones.

Jones says the current regulations would make it hard for employees to whistle-blow against their employer if he or she flouted the ban while taking them to a meeting or going on a job. The Government is planning to engage enforcers to report business drivers and confidential hotlines to allow anonymity are to be set up to tackle such abuses.

A Department of Health spokesman said that the no smoking signs will have to be displayed on all affected areas including cars used for business, although private cars outside working hours and away from the business environment would, like topless convertibles, would become exempt.

Ends

For further information, contact John Wilson at IAS SMARTS on 0121 456 3199 or email: john.wilson@iassmarts.com