Taxi driver fined for ignoring smoking ban

Taxi drivers have a responsibility to ensure adequate non-smoking signage is displayed at all times.

A Rochdale taxi driver who was caught flouting the smoking ban has been fined by magistrates.

Mohammed Munawar Khan, 41, of Mill Nook, Rochdale was found guilty of breaking the law by smoking in his private hire vehicle at Rochdale Magistrates Court on Wednesday (6 January).

Mr Khan has been ordered to pay a total of £390, which includes the fine of £125 plus £15 victim surcharge. He was also ordered to pay council costs of £250.

It is understood that this is the first time a case of this nature has been taken to court by any local authority in Greater Manchester. Its successful prosecution is unprecedented.

The regulations that came into force in 2007 make it an offence to smoke in an enclosed or substantially enclosed public place or workplace, which includes vehicles such as taxis.
Magistrates heard that Khan was smoking a cigarette in his taxi while driving on the A627M, the road from Sandbrook Park to the M62 in Rochdale, with a passenger riding in the car with him.

Despite being given the opportunity to pay the £50 Fixed Penalty Notice (FPN), Khan refused to do so; as a result action was taken through the courts.

Andy Glover, Public Protection Manager at Rochdale Council, said: “The smokefree legislation was brought in as a public health measure to reduce the number of smoking related deaths and illnesses through passive smoking. We have to take any breaches of this law very seriously.

“The majority of people recognise this but there is a minority that believe they can ignore the law. In this case, the driver had a passenger but it does not matter if a taxi driver has a passenger or not – smoke lingers and their passengers have a right to travel in a vehicle without inhaling someone else’s cigarette fumes. 

“It’s our duty to ensure that the laws are enforced and we’d urge all taxi drivers not to smoke in their vehicles. We’d rather not take action against them but if we have to then we will.”

The smoking ban relates to all work, public transport or private hire vehicles even when they are not in operation. The drivers of these vehicles have a responsibility to ensure adequate non-smoking signage is displayed at all times. Breaking these laws means a person faces a Fixed Penalty Notice of £50 or even prosecution.