England: Car smoking ban comes into force

By Nick Triggle

Health correspondent

Media captionA doll with air particle sensors nearby was used to conduct tests

A law banning smoking in vehicles carrying children has come into force in England and Wales.

Drivers and passengers who break the law could face a penalty fine of £50 - but police say they will take a non-confrontational approach initially.

Whenever an under-18 is in the car, smokers will still be liable even if the windows are down or sunroof open.

But the law will not apply to people who are driving in a convertible which has the roof down.

The Scottish Parliament is expected to consider bringing in its own law banning smoking in cars carrying children next year.

More than 430,000 children are exposed to second-hand smoke in cars each week, according to the British Lung Foundation,

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Passive smoking

• Smoke can stay in the air for up to two and a half hours even with a window open
• Second-hand smoke contains more than 4,000 chemicals, some of which are known to cause cancer 
• Exposure to second-hand smoke has been strongly linked to chest infections, asthma, ear problems and cot death in children
• Bans on smoking in cars when children are present already exist in some US states, including California, as well as in parts of Canada and Australia 
• Research indicates 300,000 children in the UK visit a GP each year because of the effects of second-hand smoke, with 9,500 going to hospital
• Smoking in a car creates a higher concentration of toxins than in a bar - some research has put it at 11 times higher

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Exposing children to passive smoking can increase the risk of asthma, meningitis and cot death.

Health campaigners have hailed the move as a "tremendous victory" and the most significant milestone since the ban on smoking in public places was introduced in 2007.

But Simon Clark, director of the smokers' lobby group Forest, said: "The new law is unnecessary and almost certainly unenforceable.

"The overwhelming majority of smokers know smoking in a car carrying children is inconsiderate and they don't do it.

"If drivers are spotted smoking will they be stopped in case there's a child in the back? The authorities, especially the police, must have better things to do."

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."

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A history of smoking legislation in the UK

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• 1965: Government bans cigarette advertising on television
• 1971: Ministers announce health warnings to be carried on all cigarette packets 
• 1984: Smoking banned on London Tube trains
• 2002: Legislation passed banning tobacco advertising, promotion and sponsorship
• 2005: Smoking banned on all trains
• 2006: A ban on smoking in public places, including bars and restaurants, comes into effect in Scotland
• 2007: England, Wales and Northern Ireland introduce their own bans on smoking in public places
• 2008: Picture health warnings introduced on cigarette packets
• 2012: Large shops are banned from displaying cigarettes. Smaller shops to follow suit in 2015
• 2015: MPs vote in favour of banning smoking in cars where children are present