Smoking ban in cars with minors particularly respected in Scotland

In Scotland, the law banning smoking in cars with minors, introduced four years ago, has never had to be used in court. It aims to protect children from the dangers of second-hand smoke.

Very few arrests necessary

The law was introduced as a private member’s bill by then-MP Jim Hume. The Lib Dem politician, who left the Scottish Parliament in 2016, had lost his mother to cancer caused by second-hand smoke. In Scotland, local authorities and the police can crack down on drivers who fail to comply, and councils can issue fines of up to £1,000. But all were urged to prioritise education over punishment. And it seems that this recommendation has paid off. Indeed, between December 2016 and March 2019, the police reported only six motorists to the Crown Office and Procurator Fiscal Service (COPFS) for smoking while minors were inside, but none of the referrals led to prosecution.

Meanwhile, prosecutors say fewer than five drivers have been reported to them this year for violating anti-smoking laws. None of them have been convicted.

Police said: "The number of people breaking the law is extremely low, but we continue to urge the public never to smoke in a vehicle with a young person."

Many dangers avoided by car

The findings, along with the widespread compliance with the law, have been welcomed by anti-smoking charity Joseph Carter, director of Asthma UK and British Lung Foundation Scotland, said: “We are pleased to see that enforcement has been so infrequently required. Smoking in a car can create pollution levels 35 times higher than those deemed safe by the WHO and no child should be exposed to this level of danger. We hope the low number of cases indicates a cultural shift towards smoke-free and clean air for all.”