Smoking in Cars?

private89

I got stopped by the Gardai over the weekend for speeding. Fair eniugh I was in the wrong and will pay the fine and take the points.

The Garda was obviously having a bad day or didnt like me as he did a person check on me and then said he was doing me for driving on a learner permit, no L Plates and the NCT just bring out. OK.

But then he told me because my brother was in the car with me it was illegal for m e to be smoking a cigarette in the car and he could fine me for that too.

I didn't even know there was a law about that. But just wondering if people think thats fair if you are in your own car and my brother didn't mind? Do people actually get fined for this?

Also if you smoke would you smoke in your own car? I usually don't but if I do I open the windows?

aaakev

I hope you get banned off the road you maniac

For Forks Sake

I would imagine it would come under 'driving without due care and attention' which is a catch-all for things not covered by other specific offenses named in other parts of the law.

NSAman

Is your brother under 18? If so it is an offence.

MadDog76

private89 wrote: »

I got stopped by the Gardai over the weekend for speeding. Fair eniugh I was in the wrong and will pay the fine and take the points.

The Garda was obviously having a bad day or didnt like me as he did a person check on me and then said he was doing me for driving on a learner permit, no L Plates and the NCT just bring out. OK.

But then he told me because my brother was in the car with me it was illegal for m e to be smoking a cigarette in the car and he could fine me for that too.

I didn't even know there was a law about that. But just wondering if people think thats fair if you are in your own car and my brother didn't mind? Do people actually get fined for this?

Also if you smoke would you smoke in your own car? I usually don't but if I do I open the windows?

How old is your brother? If he's a minor then it is indeed an offence to smoke with him in the car...... if he's an adult then the Guard is talking boll@cks.

OldMrBrennan83

For Forks Sake wrote: »

I would imagine it would come under 'driving without due care and attention' which is a catch-all for things not covered by other specific offenses named in other parts of the law.

It's a great catch-all for 'making it up on the spot depending on a whim'. Not a thing anyone can do though, they can do what they like.

I don't smoke in mine now as it's not my car but I would always have smoked like a train in cars I owned in the past, depending on whether I was smoking at the time or not. Never had a bother, though I'd always fire it into the butt cup if coming to a checkpoint.

Graniteville

You got the Garda on a good day.

Under the legislation introduced a few weeks ago, he should have taken the car off you.

Also, your insurance was invalid.

Very very lucky.

Looking at previous posts, you have history.

I suspect another court appearance is on the way.

donkeykong5

Getting silly now. Your car. Your cigarette. Smoke away !

bodhrandude

A good name for a band eh!

Cee-Jay-Cee

What age is your brother?

MadDog76

For Forks Sake wrote: »

I would imagine it would come under 'driving without due care and attention' which is a catch-all for things not covered by other specific offenses named in other parts of the law.

That legislation doesn't cover smoking in your car hence why the Guard referenced the brother leading me to suspect the brother is a minor or looks young enough to be a minor.

theguzman

What were you driving? are you driving some type of modified "sporty" car?

private89

MadDog76 wrote: »

That legislation doesn't cover smoking in your car hence why the Guard referenced the brother leading me to suspect the brother is a minor or looks young enough to be a minor.

Yeah my brother is 16 so a minor but I was doing him a favour picking him up

FishOnABike

How old is your brother? The Protection of Children’s Health (Tobacco Smoke in Mechanically Propelled Vehicles) Act 2014 came into force on 1st January 2016.

EDIT : Just saw your above answer after I posted. It is an offense to smoke in a car with a minor present. I believe it's a €100 fine.

NSAman

private89 wrote: »

Yeah my brother is 16 so a minor but I was doing him a favour picking him up

Well next time let the little brat walk... or DONT SMOKE.. it is an offence..;)

ted1

private89 wrote: »

Yeah my brother is 16 so a minor but I was doing him a favour picking him up

Smoking with him in the car isn’t doing him a favour. Read the packet smoking kills

private89

NSAman wrote: »

Well next time let the little brat walk... or DONT SMOKE.. it is an offence..;)

I know that now but he;s 16 and he smokes himself so the whole thing seems crazy to me

gwalk

Speeding, No license and no qualified driver

You got off lightly

Mrs OBumble

private89 wrote: »

Yeah my brother is 16 so a minor but I was doing him a favour picking him up

Blowing 2nd hand smoke all over someone is not doing them a favour.

OldMrBrennan83

Mrs OBumble wrote: »

Blowing 2nd hand smoke all over someone is not doing them a favour.

In this day and age it's probably better long term than letting someone walk all the same. I'd also be fairly certain they weren't 'blowing smoke all over them' though it's an amusing image. Every pull, right into their face

retro:electro

The fcuking state of your posting history OP. Done for dangerous driving, assault and you know a suspicious amount about driving without insurance too and that’s just a brief ten second glance. Cop on to yourself. If you’re not on a wind up then you need a serious kick up the hole

FishOnABike

private89 wrote: »

I know that now but he;s 16 and he smokes himself so the whole thing seems crazy to me

And even crazier, even if he was smoking and you weren't, as the driver you would still be liable for allowing someone to smoke in a car with someone under 18 in it!

In theory, you could have a full licence at 17, be the sole occupant and commit an offense by smoking in your own car.

OldMrBrennan83

retro:electro wrote: »

The fcuking state of your posting history OP. Done for dangerous driving, assault and you know a suspicious amount about driving without insurance too and that’s just a brief ten second glance. Cop on to yourself. If you’re not on a wind up then you need a serious kick up the hole

Keep an eye on those bushes OP.

The Tetrarch

private89 wrote: »

I got stopped by the Gardai over the weekend for 1 speeding. Fair eniugh I was in the wrong and will pay the fine and take the points.
The Garda was obviously having a bad day or didnt like me as he did a person check on me and then said he was doing me for driving on a 2 learner permit, 3 no L Plates and the 4 NCT just bring out. OK.
But then he told me because my brother was in the car with me it was illegal for m e to be 5 smoking a cigarette in the car and he could fine me for that too.
I didn't even know there was a law about that. But just wondering if people think thats fair if you are in your own car and my brother didn't mind? Do people actually get fined for this?
Also if you smoke would you smoke in your own car? I usually don't but if I do I open the windows?

Just the five offences then. Unlucky.

private89

FishOnABike wrote: »

And even crazier, even if he was smoking and you weren't, as the driver you would still be liable for allowing someone to smoke in a car with someone under 18 in it!

In theory, you could have a full licence at 17, be the sole occupant and commit an offense by smoking in your own car.

That's just mad. I wobder has anybody been to court over something like this and what happened

Cuddlesworth

private89 wrote: »

That's just mad. I wobder has anybody been to court over something like this and what happened

I would be more worried about what happens if the Guard cops you have previous driving convictions.

Canis Lupus

private89 wrote: »

That's just mad. I wobder has anybody been to court over something like this and what happened

I'd say you've more experience of court than most of us here. Next time you're in you should ask.

FishOnABike

Cuddlesworth wrote: »

I would be more worried about what happens if the Guard cops you have previous driving convictions.

If OP just ends up with points and a fine he should consider himself lucky.

Penalties are generally higher if it goes to court and details of any past offenses would usually be requested by the judge. Repeat offenders are more likely to be subject to higher penalties.

private89

Cuddlesworth wrote: »

I would be more worried about what happens if the Guard cops you have previous driving convictions.

Yes I know I have a bad record. No denying it. I am sure the Garda knew once he did a person check on me. His atittude changed and thats whu I think he gave me grief about the smoking thing.

lawred2

private89 wrote: »

I got stopped by the Gardai over the weekend for speeding. Fair eniugh I was in the wrong and will pay the fine and take the points.

The Garda was obviously having a bad day or didnt like me as he did a person check on me and then said he was doing me for driving on a learner permit, no L Plates and the NCT just bring out. OK.

But then he told me because my brother was in the car with me it was illegal for m e to be smoking a cigarette in the car and he could fine me for that too.

I didn't even know there was a law about that. But just wondering if people think thats fair if you are in your own car and my brother didn't mind? Do people actually get fined for this?

Also if you smoke would you smoke in your own car? I usually don't but if I do I open the windows?

So speeding, no full licence, no L plates and no NCT

Are you a WUM?

ytpe2r5bxkn0c1

private89 wrote: »

Yes I know I have a bad record. No denying it. I am sure the Garda knew once he did a person check on me. His atittude changed and thats whu I think he gave me grief about the smoking thing.

Applying the law, and particularly with a serial offender, is not giving anybody grief; it's doing his job.

corner of hells

OP , ask for a tribunal , cuts out all that court ****e , you should be fine.

sligojoek

OP, did you do any more about joining the Guards, as you alluded to in an earlier post?
Surprised the guards on here haven't met you at a checkpoint yet. They normally send you to prison without any court case.

MadDog76

private89 wrote: »

Yeah my brother is 16 so a minor but I was doing him a favour picking him up

Well there's the problem so, it's illegal to smoke in your car with a minor passenger and rightly so...... you got away lightly.

MadDog76

Mrs OBumble wrote: »

Blowing 2nd hand smoke all over someone is not doing them a favour.

I smoke in my car and have often given people a lift....... they get two choices, accept that I'm doing them a favour so I'll smoke in MY car if I want to or you can walk!

Having said that, I'll usually refrain if giving a lift to a non-smoker IF it's a short enough journey.