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Smoking ban in cars with children under 18 comes into force amid reports police will not enforce the law

October has started to become the month for giving up smoking, and now a new law could see drivers fined if they light up in the car with children on board.

As of today, it is illegal for drivers in England to smoke in their cars if they are carrying youngsters as passengers, and they could be fined £50 if they are caught.

The move follows a similar ban in Wales and has been brought in to protect children under the age of 18 from passive smoking.

From October 1 it is illegal to smoke when a child is in the car. Picture: The Lung Foundation.
From October 1 it is illegal to smoke when a child is in the car. Picture: The Lung Foundation.

The start of the law comes amid some reports that police forces would not enforce it, at least initially.

Steve White, chairman of the Police Federation, told BBC Radio 4's programme that it would be "extremely challenging" to enforce the ban.

He said: "The reality of the situation is we are struggling to attend burglaries. Should we be focusing on people smoking in cars with children in the cars or should we be focusing on burglaries?"

"Should we be focusing on people smoking in cars... or should we be focusing on burglaries?" - Steve White, chairman of Police Federation

A National Police Chiefs' Council spokeswoman said: "Police forces will be taking an educational, advisory and non-confrontational approach when enforcing the new legislation.

"This would see people being given warnings rather than being issued with fines, which would give time for public awareness of the offences to build."

A spokesman for Kent Police said the force will "continue to enforce road traffic laws to keep Kent’s roads safe".

He added: "When officers see any traffic offence being committed they will use their discretion and take the most appropriate action."

Yesterday also marked the start of Stoptober, a national campaign to encourage people to kick the habit for a month.

Julia Thomas, senior public health manager for Medway Council, said: “The law is designed to help protect children from the dangers of secondhand smoke exposure, which is known in children to increase the risk of cot death, meningitis and certain conditions such as asthma and other respiratory diseases.

Drivers could face a £50 fine if caught. Picture: The Lung Foundation.
Drivers could face a £50 fine if caught. Picture: The Lung Foundation.

“The levels of poisonous gas from smoking in cars are two to three times higher than you would expect from a busy road during rush hour, and 80% of secondhand cigarette smoke is invisible and odourless, so no matter how careful you think you are being, your family still breathes in the harmful toxins.”

She added: “With Stoptober coinciding with the new legislation, now is the perfect time to take the first steps towards quitting.”

According to the British Lung Foundation, more than 430,000 children are exposed to secondhand smoke in cars each week.

Medway Council's Stop Smoking Service team.
Medway Council's Stop Smoking Service team.

The British Lung Foundation welcomed the ban as a victory, and chief executive Dr Penny Woods said: “After years of campaigning for this change in the law, common sense prevailed and hundreds of thousands of children will now finally be protected from the harms of second-hand smoke.”

The new regulations were passed after more than 340 MPs voted in favour of the new legislation. Just 74 voted against the move.

For further information and advice, call Medway’s stop smoking service on 01634 334800.

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