§ Mr. Peter BottomleyTo ask the Secretary of State for Transport (1) what are the penalties attaching to the offence of(a) a passenger smoking on a London bus and (b) a London taxi driver refusing to allow smoking by a passenger;
(2) under what powers London Regional Transport prohibits smoking; and what powers are available for London taxis to prohibit smoking.
§ Mr. McLoughlinLondon Transport prohibit smoking on buses under section 6 of the Passenger Service Vehicles (Conduct of Drivers, Inspectors and Passengers) Regulations 1990 and a fine of up to £400 can be imposed for non-compliance with the ban. London taxi drivers have no powers to prohibit smoking in their vehicles; drivers who refuse to carry passengers without reasonable grounds may be fined up to £50 by the courts.
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§ Mr. Peter BottomleyTo ask the Secretary of State for Transport whether airline, bus, cab or rail operators require any authorisation or parliamentary or police approval to prohibit smoking by passengers.
§ Mr. McLoughlinAirlines and bus operators have discretionary powers under statute to restrict or prohibit smoking by passengers. British Rail, London Underground and the Tyne and Wear Metro have powers under byelaws to do the same. Licensed taxi operators and drivers have no powers to prohibit or restrict smoking in their vehicles.
§ Mr. Peter BottomleyTo ask the Secretary of State for Transport what representations he has received asking him to maintain the regulation requiring London taxi drivers to allow passengers to smoke.
§ Mr. McLoughlinNone.
§ Mr. Peter BottomleyTo ask the Secretary of State for Transport (1) if he will introduce legislation to allow London taxi drivers to forbid smoking in cabs;
(2) what regulations govern whether a London cab passenger can insist on smoking; and if he will make a statement;
(3) what information he has as to cities and towns in which the police can require taxi drivers to allow passengers to smoke;
(4) what advice the Metropolitan police have given licensed London taxi drivers on allowing passengers to smoke in their cabs; and whether under current regulations the Metropolitan police have the discretion to change the rule.
§ Mr. McLoughlinIn law, taxi drivers throughout England and Wales must accept hirings for journeys of a prescribed distance within the licensing area unless they have reasonable grounds for refusing. Ultimately it is for the courts to decide what are reasonable grounds. To specify in law reasons for refusal runs the risk of undermining this vital rule of taxi operation. Taxi drivers can only request passengers to refrain from smoking in their cabs, which is the advice offered to London drivers by the Metropolitan police. There are at present no plans to legislate further in this area.