Smoking byelaws

[Butts]

The ban on vaping at open platforms is not universally policed especially where there is no staff on the platform or part-time ticket office staff. The lack of posters/signage across the network does not help either!

Neither is the ban on cigarettes in the circumstances you describe !

 

[scrapy]

According to BTP any vaping ban on the railway is not legally enforceable even if signage is present.

 

[infobleep]

My point is that you should have added to the existing thread instead of starting a new one.

Have you got a link to the existing thread. When I searched on Smoking, it returned 50 pages. I went through a couple and then went to the end page of the 50.

I found it by searching on titles only.

Smoking at Railway Stations... Illegal?

Going from the quote below, I'm interested in a discussion about the legalities of smoking at railway stations... Smoking is only illegal “ on any part of the railway on or near which there is a notice indicating that smoking is not allowed”. Vaping is not illegal. If it's only illegal where...

www.railforums.co.uk

== Doublepost prevention - post automatically merged: 30 Aug 2024 ==

Just read this:

END OF THE LINE FOR SMOKING ON THE RAILWAYS

Information for journalists, press, bloggers and the media about Network Rail. Contact the press office to receive news, updates, press releases, videos, pictures, and factsheets, and to arrange interviews, filming and photography

www.networkrailmediacentre.co.uk

which was published in 2007 in relation to the 'indoor smoking ban'.

It says


The byelaws are from 2005




This, by implication, permits smoking where there is no such notice.

It is not really clear what is meant by "using existing railway bye-laws", but this could mean "stick up notices everywhere" or "change the bye-laws to effect such a ban".

It seems that the latter would be more logical - but it hasn't happened.

Any thoughts?

I don't think the bye-laws intended to be changed.

I don't know how near is near. For some reason I have it in my head that it was 200m of a no smoking sign but not sure why.

I assume station car parks are included but someone standing by an entrance to a station but on public highway and not on railway property wouldn't be.

In a station car park you might not he near anyone but ypu are breaking the bye-laws. Outside railway station entrance near someone, who has to walk pas, not breaking bye-laws.

Example of entrance onto the highway would be the Guildford Park Road entrance to Guildford Station.

 

[startingaparty]

Have we ever heard of a case of someone being prosecuted under this byelaw? The only thing I've ever seen ir heard to do with it is a stern reminder over the tannoy at the station when someone was vaping.

 

[officewalla]

Down my way, passengers vape with no intervention from platform staff despite posters banning smoking including e-cigarettes displayed at multiple locations. if BTP are not interested when they deign to get out and about, why should a ToC employee risk a confrontation?

 

[Bertie the bus]

According to BTP any vaping ban on the railway is not legally enforceable even if signage is present.

That is quite obviously correct. Vaping is not illegal, there are no railway byelaws covering vaping, and despite the best efforts of some individuals and TOCs to convince people otherwise - vaping is NOT a form of smoking and smoking legislation does not cover it. These posters and signs are company policy, not the law.

 

[Bikeman78]

Not sure what 30 years ago has with present day.

It still smells now. Regarding smoking outside, it doesn't bother me. I can always move.

 

[Jonny]

That is quite obviously correct. Vaping is not illegal, there are no railway byelaws covering vaping, and despite the best efforts of some individuals and TOCs to convince people otherwise - vaping is NOT a form of smoking and smoking legislation does not cover it. These posters and signs are company policy, not the law.

I'm sure they could find something else, like Byelaw 2(1):
(Extract from https://www.gov.uk/government/publications/railway-byelaws/railway-byelaws )

2. Potentially dangerous items​

1. except with written permission from an operator or an authorised person, no person shall bring with him or allow to remain on the railway any item which, in the opinion of an authorised person, may threaten, annoy, soil or damage any person or any property
2. if any person in charge of an item contrary to Byelaw 2(1) is asked by an authorised person to remove it and fails to do so immediately, it may be removed by or under the direction of an authorised person.

That could be applied to a 'vape' while it is being used. Then there is the notorious 8(6), "comfort and convenience" IIRC

 

[Krokodil]

For exposed areas, the current system seems to work - that is that smoking is officially banned, but in practice it's discouraged rather than an enforced ban. There are some people who ignore it, but most of them do so out of the way and it's not worth changing anything to make it properly enforceable.

Where it does matter is enclosed spaces. That's where enforcement needs to happen. Ditto with vaping in enclosed spaces (particularly onboard).