ODG02080 - Guidance for official drivers: No smoking policy

The Department already operates a “no smoking” policy in all its official vehicles. However, vehicles which are primarily used for private purposes are not required to be smoke-free. Only vehicles used for business purposes are required to be smoke-free.

Failure to Comply With the Law

Failure to comply with the law will be a criminal offence under the Health Act 2006. The penalties and fines are to be set by the Department of Health as below:

• Individuals may be liable for a fixed penalty of £50 for smoking in a smoke-free area. This can rise to £200 in the case of prosecution and conviction.
• The manager or person responsible could be given a fixed penalty of £200 for failing to display no smoking signs. This can rise to £1,000 in the case of prosecution and conviction.
• The manager or person in control of a smoke-free premises could be fined up to £2,500 for failing to prevent others smoking.

The law will be enforced by local authorities who will also be able to provide further guidance on the legislation.

Official drivers are personally responsible for any offence committed and MUST pay any fines imposed immediately.

It is accepted that operational security may be compromised if a no-smoking sticker is prominently displayed within a covert vehicle. To satisfy Department of Health requirements and harmonise HMRC policy. Criminal Investigation covert vehicles must display a no-smoking sticker inside the glove compartment and on front of the vehicle logbook.

All HMRC vehicles, with the exception of Criminal Investigation covert vehicles, are required to prominently display the international no smoking sign.

If you require a no smoking sign contact Commercial Directorate: Vehicles.