SMOKING AND VAPING IN TAXIS: What are the laws and is it still an issue in the trade?

It is illegal to smoke in any commercial vehicle carrying members of the public which includes taxis and private hire vehicles.

The legislation requires all vehicles used for public transport to be smoke free at all times which includes when they do not have passengers. This is because tobacco smoke is absorbed into soft furnishings and stays around for weeks after a cigarette is stubbed out, releasing particles hazardous to health.

According to Transport for London (TfL), that legislation extends to e-cigarettes too, which means no vaping either.

All licensed vehicles must display 'NO SMOKING' signs, clearly visible to meet regulations.

Any driver or passenger caught smoking in a licensed vehicle at any time may be subject to a £50 Fixed Penalty Notice or a £200 court fine.

How big is the issue in the taxi industry?

Instances where drivers or passengers are smoking whilst both onboard is relatively low. However, this doesn’t really account for the smoking and vaping conducted by drivers whilst no passengers are onboard.

Between August 2018 to July 2019, Transport for London (TfL) received 82 reports about smoking in taxis or PHVs. This includes reports about both drivers and customers smoking in the vehicle, and includes instances of vaping. The majority of private hire customer complaints would ordinarily be directed to the private hire operator in the first instance, meaning that many may not have been recorded.

Earlier this year, a cabbie from Newport was forced to pay over £450 in fines and legal bills after going to court for smoking inside his Toyota Avensis cab.

It wasn’t the first time Newport Council had clamped down either. In 2018 a taxi driver was handed a fine of £600 for smoking three cigarettes in her own cab. The cabbie was told by Cwmbran Magistrates to pay a £200 fine for EACH of the three cigarettes she lit up in her vehicle.

As time moves on since the ban was first introduced, the number of incidents have reduced, but taxi drivers should be mindful that it is against the law to smoke in a taxi even when no one is onboard.