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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

So if I'm driving my 17 year old

126 replies

IKnowIAmButWhatAreYou · 01/10/2015 09:01

and we're both smoking, I can be prosecuted?

Seems strange to me given that a 16 year old can legally smoke.

AIBU to think they should have thought it through a bit more with regards to age?

Not discussing the health implications, more interested in the potential for time-wasting for both smokers & Plod...

OP posts:

LiviaDrusillaAugusta · 01/10/2015 09:04

I thought you had to be 18 to buy cigarettes anyway. Hasn't this been the case for a few years now?

BowiesJumper · 01/10/2015 09:05

Yes it's over 18 for cigarettes...

LurkingHusband · 01/10/2015 09:05

I thought you had to be 18 to buy cigarettes anyway. Hasn't this been the case for a few years now?

It's not illegal to give cigarettes (or alcohol) to an under 18.

LiviaDrusillaAugusta · 01/10/2015 09:09

But the OP wasn't talking about giving the 17 yo the cigs. The new law is 18 presumably because that's the minimum age you can buy tobacco etc.

LurkingHusband · 01/10/2015 09:10

Not discussing the health implications, more interested in the potential for time-wasting for both smokers & Plod...

Well, the implications are - given that it's impossible to tell someones age by sight - that a lot more cars will be stopped if someone is smoking, and it looks like there's an under-18 in the car.

At that point you have: a stopped car; a policeman pumped full of road traffic law; and a situation just itching to have a ticket for something issued.

I'd expect a lot more licence checking/producers. Also a lot more cases of insured cars/uninsured drivers to be caught.

Be interesting to see what ethnicity the majority of people stopped are too. Somehow I suspect it will not be proportionate to the general ethnicity of society .

EatShitDerek · 01/10/2015 09:12

This reply has been deleted

Message withdrawn at poster's request.

Seeline · 01/10/2015 09:12

I wondered about that too OP
Technically married couple of 17 could be driving their own car, with no passengers, but neither would be allowed to smoke Seems a little odd.

Original poster

IKnowIAmButWhatAreYou · 01/10/2015 09:16

How about if the 17 year old is driving and I'm smoking?

It's all hypothetical as I don't smoke anymore, but if I did I'd be putting a carseat and a doll in the back seat....

OP posts:

BrandNewAndImproved · 01/10/2015 09:17

It's not illegal for 16/7 year olds to smoke, it's illegal for the person who sells cigarettes to see cigarettes to them.

Apparently this law isn't going to be cracked down on. I read something somewhere with the police saying it won't be something they're looking for.

Will vaping be classed the same?

LurkingHusband · 01/10/2015 09:20

Apparently this law isn't going to be cracked down on.

Why bother with the expense of a law then ? Budget surplus ?

I read something somewhere with the police saying it won't be something they're looking for.

They'd be better off looking in ditches .

hellhasnofurylikeahungrywoman · 01/10/2015 09:22

No the law doesn't apply to vaping (although how the hell they'll be able to tell the difference I do not know).

ProcrastinatorGeneral · 01/10/2015 12:02

If the seventeen year old is driving and an adult passenger is smoking it is still against the law. The law doesn't just apply to the driver, but to passengers too just like the seatbelt legislation.

Pantone363 · 01/10/2015 12:06

Very interested to see how this will be policed, I vape in the car with the children. People often look aghast when they pull up next to us in traffic (presumably they think i'm smoking)

Getting ready to be pulled over more often!

MrsGentlyBenevolent · 01/10/2015 12:26

I can only imagine that this would be policed if at a glance the 'child' in question looked sufficently 'child-like'. If I saw a 17 year old in a car (especially driving) and smoking, chances are I would assume he was 18+ anyway. I think the policy is mainly in place for those who have no choice but to travel with parents - from babies to pre/early teens. I think it would be blooming silly to prosecute a parent smoking in a car with their 17 year old, who was also smoking - isn't the whole point to avoid second hand smoke in kids? It's a bit beyond that if said 'child' is also puffing away!

MedSchoolRat · 01/10/2015 12:29

If a 17yo is driving a car full of friends (age 13-17) & the 13yo lights up...?

JassyRadlett · 01/10/2015 13:01

Be interesting to see what ethnicity the majority of people stopped are too. Somehow I suspect it will not be proportionate to the general ethnicity of society.

Smoking rates don't track the ethnicity of the population by ethnicity or gender, though. Much higher smoking rates among men in some BME groups.

ceebie · 01/10/2015 13:12

It's illegal to smoke in a car with anyone under 18 present. Both the driver and the smoker could be fined £50. The law applies to every driver in England and Wales, including those aged 17 and those with a provisional driving licence. The law does not apply if the driver is 17 years old and is on their own in the car.

So yes, you could be fined.

Original poster

IKnowIAmButWhatAreYou · 01/10/2015 13:36

I love these knee jerk laws.

Knocked up by the ministry of "looking important but doing chuff all" and poor old Plod has to enforce or not.

I can already imagine the threads!!

"AIBU to call 101 to report my neighbour smoking in his car??"

Hopefully the next law will be to arrest anyone with chips in their trolley accompanied by an overweight child......

OP posts:

BondGate · 01/10/2015 13:51

I was listening to local radio earlier, and they were interviewing some senior local police figure about this.

The presenter asked didn't the police have better things to do than stopping drivers who smoke. The police spokesman said that he thought it was a very well meaning piece of legislation, then started ranting a bit about how government cuts to police numbers have reduced the amount of policing of the roads they can do, and about how if further planned cuts went through we'd be lucky to have much more than speed cameras policing the roads.

So, didn't sound like smoking drivers round here have much to worry about from the police. Unless I suppose the police officer stopping them was already out to get them anyway.

WhyCantIuseTheNameIWant · 01/10/2015 13:57

So, can an arrest be avoided by simply passing the ciggy to the teens on sight of the police?

wasonthelist · 01/10/2015 14:11

As BondGate says I can't see there being much danger of anyone getting prosecuted for this unless they've already been stopped for something else - and that's pretty unlikely. I doubt I'm alone in hardly ever seeing a Police car - and when I do they are racing somewhere with blue lights on, not hanging about looking for smokers to stop.

Twooter · 02/10/2015 07:07

I think the law only looks silly if you look at the extremes. how can you not think that it's good to try and protect children from being stuck in an enclosed environment with smoke?

mudandmayhem01 · 02/10/2015 07:17

I think it is still a useful law, it gives back up to someone who doesn't want say an ex or a grandparent to smoke in the car with their children. At least you can say it is illegal as well bad for health. Attitudes do change more quickly with the back up of a law even prosecution is unlikely.

Mrsjayy · 02/10/2015 07:20

Its illegal to sell cigarettes to under 18s so illegal to buy them but a 17yr wouldnt be arrested for smoking.

Mrsjayy · 02/10/2015 07:22

Oh the new car law duh sorry id imagine you could be fined for smoking in the car with a 17yr old even if they were smoking

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