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Truck Driver fined for smoking cigarette

The Health Act 2006 came into force in July 2007. The Health Act prohibits smoking in almost all enclosed public places, workplaces and even includes work vehicles.

Mr Minihan, a tanker driver from Liverpool, was seen flicking ash and disposing of a cigarette butt from his cab by council enforcement officers. Mr Minihan fought the charge by claiming he was using an electronic cigarette.

Enforcement Officer, Yvonne Taylor, gave evidence stating that she watched his arm come in and out of the cab window with a cigarette which appeared smaller each time.

"I could clearly see smoke emitting from the cab and the motion of him flicking ash," she continued. "I then observed the cigarette stub flying from the driver's hand on to the grassed area below."

Runcorn Magistrates' Court rejected his defence and Mr Minihan was fined £200 for littering and smoking in a company vehicle

The electronic cigarette is constructed to mimic a real cigarette in many ways making it easier for smokers to switch from tobacco cigarettes to a alternative smoking device.

The smoke emitted when exhaling from an electronic cigarette is not dangerous tobacco fumes but more consistent with stage machine smoke. The cigarette also glows when inhaled and may contain nicotine. However, electronic cigarettes do not reduce in size when smoked and there is no ash residue or cigarette butt.

Electronic cigarettes are not banned by the Health Act 2006.

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