Drivers who flout a new ban on smoking in cars containing children are unlikely to be fined during an initial grace period, say police.

Under legislation that comes into effect on Thursday, the driver and smoker in a vehicle containing someone under 18 each face a fixed penalty of £50.

Concerns have been raised about how practical it will be to enforce the law, and an RAC survey found that nine in 10 drivers believe it will not be enforced. The National Police Chiefs Council said it would be taking a “non-confrontational” approach for the first three months.

A 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.

“This is based on experience of implementing the current smoke-free legislation and the Department of Health’s proposal that this approach should be adopted for a minimum of three months to help build a high level of compliance.

“Local authorities enforce the existing legislation and police forces are included as enforcement authorities for the new offences. During this period individual offences that justify enforcement action will be reported to local authorities.”



The grace period follows a precedent established with previous legislation such as the ban on using a mobile phone when driving, which was introduced on 1 December 2003 but not punished with penalties until 1 March the following year.

Amanda Sandford, information manager for Ash (Action on Smoking and Health), said the government had made plain it would not be spending millions on enforcement, and so even after the grace period people would probably only be caught and fined if pulled over for another unrelated traffic infringement.



“I think in time it will become self-enforcing just as like the law on smoking in public places did because it has overwhelming public support, even among smokers,” she said.



The government says surveys suggest about a third of UK children – 3 million – are exposed to smoke in vehicles. Officials believe about 200 children a week visit GPs because of the effect of secondhand smoke in cars.

A DoH spokeswoman said the change in law was as much about fostering a culture change as enforcement. “Our guidance is clear that police and local authorities can issue fines if they see fit, but we also know that warnings and educating the public are often a highly effective way to reduce the harm from tobacco.

“Ultimately, we want to ensure that people know the dangers of smoking in cars with children, underpinned by a new law.”

RAC spokesman Simon Williams said that while a grace period was normal, “it is hard to see how people flouting the law are going to be caught.

“The new ban joins a raft of other laws that have been introduced in recent years such as making it illegal to undertake or hog the middle lane of a motorway. But without sufficient enforcement there is a real danger that these laws will quickly be forgotten by a large proportion of the motoring population.”