Questions and answers – does the smoking ban apply?

Scenario

Ban applies: Yes or no?

Company-owned vehicle only ever used by one employee.

No – not used by more than one person in the course of work.

Company-owned vehicle insured to be driven by only one employee, who uses it primarily for private purposes and is free to use it when/how she wishes, save that she is required to use that car six times a year to take colleagues to business seminars.

No – the vehicle is used primarily for the private purposes of a person who has a right to use it which is not restricted to a particular journey.

Company pool vehicle shared by several employees, but only ever used by one employee at a time.

Yes – the car is used in the course of work by more than one person. It is irrelevant that the employees always use the vehicle at different times.

Vehicle owned by an employee, bought with a car allowance provided by his employer. He drives approximately 20,000 miles per annum, approximately 40% of which are work-related. Most of the work-related miles, he spends travelling alone, though a few times a year, his company requires him to take his junior colleague with him on site visits. In terms of the number of times he uses the vehicle, he uses it two to three times a day, mostly for private rather than work purposes.

No – the vehicle is used primarily for the private purposes of the person who owns it (whether 'primarily' is assessed on a mileage basis or on the basis of the number of occasions on which it is used).

An employee based in London has a company vehicle that he uses to travel to see a customer located 5 miles away. He uses the vehicle to visit that customer several times a week, occasionally with a colleague. He also uses the vehicle to drive to and from his girlfriend’s house (two miles away) each weekend.

Yes – the vehicle is used in the course of work by more than one person, and is not used primarily for the employee’s private purposes (whether 'primarily' is assessed on a mileage basis or on the basis of the number of occasions on which it is used).