Farmer faces fine for smoking break in tractor

http://www.bbc.co.uk/news/uk-northern-ireland-33607067

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A farmer who lit up a cigarette in his tractor could face a fine of up to £1,000 after he was deemed to be smoking in his workplace.

The quiet smoke break while parked at the side of a road in County Antrim was stubbed out when a tobacco control officer intervened.

The tractor was deemed by the officer to be a commercial vehicle capable of "carrying more than one person".

As a result, the farmer was told he was in breach of smoking regulations.

He was issued with a notice warning him that he could have to pay a four-figure fine.

Exempt

Breaking smoke-free law in Northern Ireland is a criminal offence, and people caught smoking in a work vehicle can land a fixed penalty notice of £50 or a maximum fine of £1,000 if prosecuted and convicted by a court.

The Ulster Farmers' Union (UFU) has said the owner of the tractor has been ordered by Antrim and Newtownabbey Borough Council, which issued the notice, to give the name of the person smoking or face a fine.

The UFU added that the farmer has been asked by the council to complete a two-page form giving details of the tractor and its tax status, despite agricultural vehicles being exempt from vehicle tax in the UK.

The council said its investigation into the case was ongoing.

But it added that "it is against the law to smoke in work vehicles used by more than one person - a tractor is classed as a work vehicle".

Red tape

Barclay Bell, deputy president of the Ulster Farmers' Union (UFU), said the case was an example of officials taking smoking legislation to extreme lengths.

"At one level this is a bizarre and even funny example of excessive red tape, defining a tractor as capable of carrying more than one person," he said.

But he added that it raised more serious issues.

"Regardless of where you stand on smoking, in tough financial times it is justifiable to ask whether this is the best possible use of time and money?"

Mr Bell said it was a warning to farmers that they cannot escape red tape, even in their tractor or off the public road.

The BBC attempted to contact the farmer but he declined to comment.