§ Mr. Peter BottomleyTo ask the Prime Minister what provisions govern the imposition of no-smoking policies by operators of(a) trains, (b) aeroplanes, (c) buses and (d) taxis.
§ The Prime MinisterThe Government believe that decisions on whether or not smoking should be permitted on public transport are a matter for the operators concerned.
On the railways, British Rail has the power to ban smoking by virtue of British Rail byelaw 20. On the London Underground, smoking is banned under a London Transport byelaw made under section 67 of the Transport Act 1962, as amended by paragraph 5(1) of schedule 3 to the Transport (London) Act 1969 and section 37 of the Transport Act 1981.
Under article 53 of the Air Navigation Order 1989, the commander of an aircraft is empowered to decide on whether passengers should or should not be allowed to smoke.
Bus operators are entitled to ban smoking on their vehicles under section 6 of the Passenger Service Vehicles (Conduct of Drivers, Inspectors and Passengers) Regulations 1990.
43WThere are no statutory provisions for taxi drivers to ban smoking in their vehicles. In line with their commitment in the "Health of the Nation" White Paper, the Government have undertaken to seek an opportunity to amend the relevant legislation to allow them to do so.