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Painter Fined for smoking in van

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Old 25 July 2008, 11:19 AM
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michaelro
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Default Painter Fined for smoking in van

Smoke in your Van? - Be Careful

BBC NEWS | Wales | Painter fined for smoking in van
Old 25 July 2008, 11:23 AM
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PeteBrant
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Mr Williams' wife Sue has already paid the fine, fearing it would increase if not settled promptly.
Man, she would pay a visit to painsville. Stupid cow.
Old 25 July 2008, 11:31 AM
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Steve vRS
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I drive a company car and our company policy is that I have to display a no smoking sign. I know of one company who have had local inspectors around their car park, checking that these signs are in place!

It's good to see that UK plc is in such good shape that this minor issue is all that needs to be addressed

Steve
Old 25 July 2008, 11:35 AM
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PeteBrant
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I think private companies enforcing a no smoking policy in company cars is fine. It's up them.

Fining a man for smoking in his own van isn't.

But I suspect this is the action of a somewhat overzealous individual, rather than a shift in local council policy. They have virtually admitted as much by so publicly inviting the man to appeal rahter than supporting the fine.
Old 25 July 2008, 11:42 AM
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warrenm2
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Soon the Big Brother state will have full control and there is NOTHING YOU CAN DO

HAHAHAHAHAH
Old 25 July 2008, 11:54 AM
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Tidgy
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tbh i dont have a problem with this, he was smoking while he was driving, literaly playing with fire. bit like using a phone.
Old 25 July 2008, 11:59 AM
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Originally Posted by Tidgy
tbh i dont have a problem with this, he was smoking while he was driving, literaly playing with fire. bit like using a phone.
I don't agree that it's exactly the same, but as it stands it is not against the law to smoke whilst driving. He was in is own personal vehicle, it's not illegal to smoke, so therefore he was wronged in this particular case.
Old 25 July 2008, 12:04 PM
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Tidgy
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i agree i think it was used as a way to punish him for it rather than a real reason
Old 25 July 2008, 12:07 PM
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Pulled over by council officials..........

I'd have kept on going and not said a word ot them.
Old 25 July 2008, 12:31 PM
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PeteBrant
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Originally Posted by Tidgy
tbh i dont have a problem with this, he was smoking while he was driving, literaly playing with fire. bit like using a phone.
It absolutely nothing like it.

The dangerous thing about phones is not the fact you only have one hand on the wheel, its the concentation you need, which is entirely different to when someone is sitting next to you.

In my view, hands free is no better. You still reduce you reaction times because you ar econcentrating on what the other person is saying.

Smoking a cigarette takes roughly the same amount of concentration as breathing.
Old 25 July 2008, 12:36 PM
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fatherpierre, you're right, council officials don't have the legal power to pull you over for a spot check. There must have been police there as well. It may also have been VOSA doing the checking, and not the council. The papers are always full of inaccuracies.
Old 25 July 2008, 12:43 PM
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Originally Posted by scunnered
fatherpierre, you're right, council officials don't have the legal power to pull you over for a spot check. There must have been police there as well. It may also have been VOSA doing the checking, and not the council. The papers are always full of inaccuracies.
Indeed.

S163 RTA 1988.
Old 25 July 2008, 12:48 PM
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was it actually his own van or given to him by the council ...?
Old 25 July 2008, 12:49 PM
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According to the 1689 Bill of Rights, only a court of law has the legal right to impose a fine. AFAIK this still stands in British law. To be brought before a court you must therefore be charged with a valid offence by an officer of the law. A council worker would not have the right methinks.

I have to display the signs in my car, and if I don't I can apparently be fined up to £2500, and the DSA may refuse to allow my car for use on a test. The fact I have never smoked in my life (except some interesting stuff in my youth ) and would therefore never let anyone do so in my car anyway is irrelevant.
Old 25 July 2008, 12:52 PM
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Originally Posted by dpb
was it actually his own van or given to him by the council ...?
According to the article, it's his own van.
Old 25 July 2008, 12:54 PM
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Originally Posted by corradoboy
According to the 1689 Bill of Rights, only a court of law has the legal right to impose a fine. AFAIK this still stands in British law. To be brought before a court you must therefore be charged with a valid offence by an officer of the law. A council worker would not have the right methinks.

I have to display the signs in my car, and if I don't I can apparently be fined up to £2500, and the DSA may refuse to allow my car for use on a test. The fact I have never smoked in my life (except some interesting stuff in my youth ) and would therefore never let anyone do so in my car anyway is irrelevant.
You have the option to aks for a court hearing with all FPNs.

They rarely get turned over though, unless the evidence is written by a novice.
Old 25 July 2008, 01:00 PM
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David Lock
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"......he was pulled over by council officials carrying out spot checks on the safety of vehicles."

These officious little Hitlers want shooting.

They'll be doing body searches next to see if your hiding any grass up your ****.

dl (relaxing with *** in his office )
Old 25 July 2008, 01:10 PM
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Ceredigion Council said they could not comment on individual cases
This is just a phrase people use to get out of having to discuss anything...

I thought banning smoking in "works" vehicles only applies if more than 1 driver has to use the car/van?

However, I do think smoking can be dangerous. I used to smoke (gave up 10yrs ago) and the nearest I ever got to having a bad crash was due to the cigarette. I threw the finished cig out the sunroof as you do. Problem was, the aerodynamics chucked the cig back in the car and before I knew it, I was "on fire", ahhh. Lucky found the cig then looked up on the wrong side of the road and swerved back to my side.

Never smoked in the car after that.
Old 25 July 2008, 01:27 PM
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Originally Posted by PeteBrant
I think private companies enforcing a no smoking policy in company cars is fine. It's up them.

Fining a man for smoking in his own van isn't.

.
My dad, a non smoker runs his own plumbing business (one man band) and has to have a no smoking sign to remind himself not to light one of the tabs he doesn't smoke.

That said, council did a taxi driver in edinburgh for through his tab end out of the private hire. He was smart about it so they did him for littering, they also had the taxi officer in for smoking in a work vehicle and the police stung him too as he was in a bus lane at the time so got done for that too.

won't be as smart next time like.

5t.
Old 25 July 2008, 02:04 PM
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Holy Ghost
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Originally Posted by PeteBrant
I think private companies enforcing a no smoking policy in company cars is fine. It's up them.

Fining a man for smoking in his own van isn't.

But I suspect this is the action of a somewhat overzealous individual, rather than a shift in local council policy. They have virtually admitted as much by so publicly inviting the man to appeal rahter than supporting the fine.
**

that'll be the same overzealous individuals responsible then for 10,000 RIPA spying 'missions' undertaken last year to investigate such petty offences as dog fouling and under-age smoking - according to our Chief Surveillance Commissioner, Sir Christopher Rose, earlier this week ...

'missions' ... who does does colin clipboard think he is? pete - sorry but police state council madness is now endemic and embedded.
Old 25 July 2008, 02:08 PM
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fivetide
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TBH it isn't a bad thing. The smallest thing become much bigger. What these litter patrols and dog fouling things do is make people have some respect for their area and other people.

Fact is if people just behaved properly then there wouldn't be a need for these officers but given the large amount of idle ans elfish people out there i think they are a necessary evil.

5t.
Old 25 July 2008, 02:16 PM
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Diesel
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Originally Posted by PeteBrant
It absolutely nothing like it.

The dangerous thing about phones is not the fact you only have one hand on the wheel, its the concentation you need, which is entirely different to when someone is sitting next to you.

In my view, hands free is no better. You still reduce you reaction times because you ar econcentrating on what the other person is saying.

Smoking a cigarette takes roughly the same amount of concentration as breathing.
As an ex smoker I know that not to be the case. Dropping ash/ciggy causes major distraction! Even worse if you flick it out the window on a hot day and then smell the rear seat burning! There is a lot to be said for not flicking out mini burning missiles at the car behind you too!

As for the prosecution that is absurd - even for this Nanny state of overzealous public servants determined to rape and pillage pesky citizens.

D
Old 25 July 2008, 02:24 PM
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Holy Ghost
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Originally Posted by fivetide
TBH it isn't a bad thing. The smallest thing become much bigger. What these litter patrols and dog fouling things do is make people have some respect for their area and other people.

Fact is if people just behaved properly then there wouldn't be a need for these officers but given the large amount of idle ans elfish people out there i think they are a necessary evil.

5t.
**

but there's a difference between overt dog fouling patrols and covert surveillance - by egomaniac council officials who habitually abuse legislation designed for the security services - wouldn't you say?
Old 25 July 2008, 03:04 PM
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Apart from this ludicrous penalty for a man who was in his own van on a non working trip, as has been mentioned, the fact that this sort of a penalty can be imposed by a council official is the biggest worry of all.

There is no common sense applied in this case and that is just not the traditional British way of dealing with a problem.

I hope he does go to appeal, if I was the judge I would cancel the penalty for the reason that it was unfair and also incorrect and i would award substantial costs against the council concerned. Just who do these creeps think they are?

Les
Old 25 July 2008, 03:10 PM
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Originally Posted by Holy Ghost
**

but there's a difference between overt dog fouling patrols and covert surveillance - by egomaniac council officials who habitually abuse legislation designed for the security services - wouldn't you say?
I can't talk for all areas but there is nothing covert about the edinburgh wardens. they have a huge cctv van which is very easy to spot. the wardens all wear very high viz jackets too. one aspect of the work that gets overlooked is they also monitor fly tippers and commercial waste, making sure that businesses aren't filling public bins with their waste or dumping it in the street. quite a lot to it really.

5t.
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