Proposed Smoking Restrictions on Boats
This section of the site looks at the Government considered a proposed smoking ban on sea going and inland waterways vessels.
In 2007 the Government consulted on it's proposed restrictions on smoking on sea going and inland waterway vessels. Following the close of the consultation it posted a summary of the responses on it's website. However, it has as yet not prepared a draft set of Regulations. This may be partly due to the fact that there are a number of issues upon which clarification is required by the Government before it can finalise the draft Regulations.
Restrictions on smoking in enclosed workplaces, public places and vehicles came into force in England on 1st July 2007. Similar provisions are intended to apply to vessels operating in UK waters, both at sea and on inland waterways.
The Government intends for the proposed regulations to apply to all vessels, both passenger and non-passenger ships including fishing vessels, so long as they come within the scope of the Merchant Shipping Act 1995 and are operating within the 12 mile UK territorial limit (except for ships transiting UK territorial seas and not calling at a UK port).
The proposals do not seek to extend the smoke free provisions to private vessels which are not carrying any fare paying passengers or any employed crew onboard.
Following a meeting in 2007 with the Department for Transport, we understand that the proposals are not intended to restrict smoking 'on deck'. The proposals are to apply below deck and are likely to adopt the same definition of 'enclosed' and 'substantially enclosed' as set out in the Health Act 2006. More information on the definition can be found in the premises smoking ban section of the site, for which, please follow the Link.
As a result of our meeting, the DfT have a better idea of the issues affecting the boating community. The DfT feel that the draft Regulations will deal with many of the issues we raised. We therefore await sight of the draft Regulations which we will both report on and will post on the website.
The consultation, which closed on 11th May 2007, can be obtained directly from the Department for Transport's website:
www.dft.gov.uk/consultations/open/ .
Our response can be downloaded from the table below.
If you wish to contact us with your thoughts on these proposals or indeed if you require further information on the proposals please contact the Legal Team
Legal@rya.org.uk or Tel:
0844 5569519 .
Contact UsArticle Published: October 28, 2009 14:52