keep The Smoke-free (Private Vehicles) Regulations 2015
The Smoke-free (Private Vehicles) Regulations 2015 amend the Smoke-free (Exemptions and Vehicles) Regulations 2007 to prohibit smoking in private vehicles when a person under 18 is present. The regulations apply to England only and make such vehicles 'smoke-free' if enclosed with more than one person present and a minor in the vehicle. They establish enforcement mechanisms including penalty notices, designate police forces as enforcement authorities, and include exemptions for stationary caravans used as living accommodation. The regulations also require a Secretary of State review within five years.
While this restricts private liberty, children represent a protected class who cannot consent to secondhand smoke exposure in enclosed spaces where contaminants concentrate to dangerous levels. The regulation achieves its public health objective with minimal economic impact—adults may still smoke in vehicles without minors present. The exemptions for caravans used as living accommodation appropriately limit scope. This is not EU-derived regulation, and unlike rules suppressing financial competitiveness, planning permissions, or healthcare supply, it does not materially distort market incentives or reduce economic dynamism. Its removal would expose vulnerable persons (children) to demonstrable harm without corresponding economic benefit.