SCOTTISH fleets are being warned a smoking ban becoming law in the country from next month will affect van drivers.

But companies north of the border say the forthcoming legislation banning smoking in public places has created a fog of confusion over which fleets are affected.

Those still unsure how the ban will work are urged to contact the Scottish Executive for guidance.

Starting in March, it will become illegal in Scotland to light up in public places such as bars, restaurants and other enclosed spaces.

Officials at the Scottish Executive confirmed this week that the ban would not apply to company cars, but that vans will be affected, even if they were not based in the country.

The Scottish Executive has launched a website to answer any questions, with specific advice on company cars and vans – www.clearingtheairscotland.com.

When Ireland introduced a similar ban two years ago, company cars were classed as a place of work and were affected. In England, company car drivers could be banned from smoking behind the wheel while carrying a passenger as part of the Government’s new Health Bill.

However, members of the Scottish regional meeting of Acfo, the fleet managers’ association, heard differing views on whether they would be affected by their country’s legislation.

One member said: ‘One of our HR people came up to say that company cars were not exempt. We also received advice from a lawyer saying that smoking was to be banned in company cars.’

Another told the meeting: ‘I spoke to the Scottish Executive directly and the man I spoke was absolutely adamant that cars were separate. I suggest managers speak to the Executive direct because they have received incorrect advice.’

A spokesman for the Scottish Executive said: ‘The ban affects all vans. If you drive from London into Scotland, then you are affected by the ban. There won’t be an environmental health officer waiting for you at the border, but if you smoke, you are contravening the law.’

Website gives smoking advice

On its website, the Scottish Executive attempts to clear up confusion in a question and answer session over which vehicles are affected by a smoking ban.

It says: What about vehicles used for business purposes?

Light goods and heavy goods vehicles and public transportation vehicles (eg taxis, buses, trains and ferries) will be affected by the new law. If you use a car (your own or company car) for business purposes, it will be exempt unless you are using it as a private taxi.