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Smoking with kids in a car now a $250 fine

By 21 October 2011 17

Chief Minister Gallagher has announced victory in her long war against smoking in cars with kids.

“The passage of the Smoking in Cars with Children (Prohibition) Act 2011 is another step forward for public health and shows the Government’s resolve to protect children under the age of 16 from the harmful effects of tobacco smoke,” the Chief Minister said.

“While it is an adult’s right to choose to smoke, vulnerable groups who cannot always speak for themselves have a right to be protected from second hand smoke, particularly when exposure can increase the risk of asthma, pneumonia, bronchitis and middle-ear infections.

“So if you smoke with kids in the car and you’re caught, you will cough up a $250 fine. The Act also provides for a higher fine of up to $5500 if the offence goes to court,” said Ms Gallagher.

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17 Responses to Smoking with kids in a car now a $250 fine
#1
madamcholet9:59 am, 21 Oct 11

So will the camera vans catch this? ‘Cos that’s the only way misdemeanours on ACT roads are caught due to our seemingly invisible police force. Not against the principle of it tho’.

#2
Henry8210:08 am, 21 Oct 11

wearing seatbelts is hard to enforce, yet seems to be used by the vast majority of people. I’m sure once a few smoking parents get the voluntary tax, everyone else will take note.

#3
dvaey10:26 am, 21 Oct 11

What about if someone in the vehicle, under the age of 16 is smoking a cigarette themselves, does the driver win a $250 fine because there is tobacco smoke and a person under 16 in the car, or does common sense come into play? (It seems to have not been written into the legislation anyway).

#4
Henry8210:32 am, 21 Oct 11

dvaey said :

What about if someone in the vehicle, under the age of 16 is smoking a cigarette themselves, does the driver win a $250 fine because there is tobacco smoke and a person under 16 in the car, or does common sense come into play? (It seems to have not been written into the legislation anyway).

Well the kid shouldn’t have ciggies anyway. Fine for under-age smoking, fine for smoking in car with minor, and possible fine for supply cigarettes to minors. Go for the trifecta!

#5
p111:04 am, 21 Oct 11

Does the law specifically say Cars? What about trucks, vans, buses, etc? And if it doesn’t specifically mention cars, does that mean I can’t smoke on my motorcycle with the kids?

#6
cranky11:26 am, 21 Oct 11

And just what is the fine for leaving kids in unheated, glass strewn, hot waterless ramshackle dumps in winter?

Oh, that would be one rule for the peasants and another for Govco, wouldn’t it?

#7
quewastaken11:31 am, 21 Oct 11

IMO if you smoke with your young children in the car, chances are you smoke inside your home around your kids too.

I forsee an outcry from the white commodore owning population after losing half their fortnightly centrelink payments to the lazy arm of the law

#8
kambahkrawler11:37 am, 21 Oct 11

(Not a smoker btw).

Soooo, adults banned for smoking with kids in the car for the 10 minute drive to the shops, but not for the 8 hours they’re at home with the kids.

Soooo, adults banned for smoking in cars due to the presence of 15 year old kid who seemingly “cannot always speak for themselves”, but not pregnant mothers.

Just make the bloody things illegal ffs instead of introducing piecemeal, unenforceable legislation.

#9
Thumper12:28 pm, 21 Oct 11

And yet you can feed them four bigmacs with fries every second day for years until they look like a primary school version of Mr Creosote.

#10
schmeah1:30 pm, 21 Oct 11

I’m all for this! As far as I can gather, the ACT remained one of the last legislatures to introduce this. It’s been in place in SA for a number of years and was passed unanimously in the Assembly.

If you smoke around children, whether in cars or in your house (which I’m sure people do), then you’re a selfish simpleton and you’re kids will pay with it through health problems and probably, their own smoking addiction in future years.

I do agree with other comments though, satire or not, that there’s nothing to stop people buying crap food for their children and making them eat it. This is equally depolarble and is similarily detrimental to one’s health.

#11
Diggety1:24 am, 22 Oct 11

*I’m all for this*

Probably because you never understood toxicity.

“Every substance known to man is lethal, it just depends on the dosage”.

#12
Wanda1:32 am, 22 Oct 11

I believe establishing free quit smoking program would be of more real benefit to the chilldren and families of nicotene addicted people. I can well imagine how dangerous our roads may become as people ducking their heads under the dash to sneak in a quick puff. What has happened to commonsense and compassion, doesnt seem there is much in Canberra, yet there is truly more than enough self rightous judges, what is a wowser?

#13
MissChief11:25 am, 22 Oct 11

Just don’t take the kids anywhere in your car. Make the little buggers walk, ride or catch the bus.

#14
dvaey12:07 pm, 22 Oct 11

Henry82 said :

Well the kid shouldn’t have ciggies anyway. Fine for under-age smoking, fine for smoking in car with minor, and possible fine for supply cigarettes to minors. Go for the trifecta!

Okay, what about if the driver is also a minor? My point isnt that I disagree with the law, my point is that there are so many situations that arent covered properly by the legislation.

schmeah said :

I’m all for this! As far as I can gather, the ACT remained one of the last legislatures to introduce this. It’s been in place in SA for a number of years and was passed unanimously in the Assembly.

Sounds like the drug testing laws.. most other states brought in the legislation, and got bitten by not implementing it properly leading to false positives and cases being thrown out of court. The ACT gov was apparently going to hold off bringing in the laws until the problems were fixed, but political pressure at the time meant they passed the laws prematurely. Even at the time, the AFP said they wouldnt conduct tests until the laws were fixed, but started testing a few weeks later, despite their own unions problems with the laws.

MissChief said :

Just don’t take the kids anywhere in your car. Make the little buggers walk, ride or catch the bus.

Sadly, I know parents like that. They will arrange to have children babysat while they goto the shops, as if they take the child they cannot smoke in the car.

#15
matt312212:10 pm, 22 Oct 11

kambahkrawler said :

(Not a smoker btw).

Soooo, adults banned for smoking with kids in the car for the 10 minute drive to the shops, but not for the 8 hours they’re at home with the kids.

Soooo, adults banned for smoking in cars due to the presence of 15 year old kid who seemingly “cannot always speak for themselves”, but not pregnant mothers.

Just make the bloody things illegal ffs instead of introducing piecemeal, unenforceable legislation.

You cannot ban cigerettes! Society as we know it will colapse. I believe that Ciggies are the only things keeping people in low paid crap jobs, the smokes help them cope.

#16
Henry824:11 pm, 22 Oct 11

dvaey said :

Okay, what about if the driver is also a minor? My point isnt that I disagree with the law, my point is that there are so many situations that arent covered properly by the legislation..

The press release doesn’t recite the law word for word. It’s just a summary of the offence in layman’s terms.

http://www.legislation.act.gov.au/b/db_42926/current/pdf/db_42926.pdf

A child is someone under 16, to legally drive you need to be over 16. It’s all there, if you have any more ‘hypotheticals’, i’m sure we can work through it as per the current legislation

#17
VanH11:54 am, 24 Oct 11

Pfft……You will make more money booking people who drive slow in the rght lane!!!!!!

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