Smoking banned in vehicles containing children 16 yrs or less

Submitted: Friday, Apr 24, 2009 at 09:43
ThreadID: 68157 Views:2988 Replies:17 FollowUps:20
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Something to consider if planning to travel in South Australia.

What does the law say?

Smoking is banned in cars when children are present. Section 48 of the Tobacco Products
Regulation Act 1997 states:

1. A person must not smoke in a motor vehicle if a child is also present in the motor
vehicle. Maximum Penalty $200. Expiation fee $75.

2. In proceedings for an offence against this section an allegation in the complaint that a
child was present in a motor vehicle at a specified time will be accepted as proved in
the absence of proof to the contrary.

3. In this section –
child means a person under 16 years of age
motor vehicle has the same meaning as in the Motor Vehicles Act 1959

What is the definition of a motor vehicle?
A motor vehicle means a vehicle that is built to be propelled by a motor that forms part
of the vehicle (Motor Vehicles Act 1959).

How dangerous is the passive smoking risk to children?
Exposure to passive smoking, especially in confined areas such as cars, is known to be
hazardous to health. Passive smoke contains the same harmful chemicals that smokers
are exposed to when they inhale tobacco smoke. Passive smoking can cause a range of
serious illnesses including asthma, bronchitis, pneumonia and chest infections, lung cancer
and cardiovascular disease.
Children and babies are especially vulnerable. About 8% of new cases of asthma in
children are attributable to passive smoking and the risk of respiratory infections, middle
ear infections and sudden infant death syndrome increases with exposure to passive
smoking.

Does the law apply only when someone is smoking in a moving vehicle?

The intention is to prevent children’s exposure to passive smoking and this can occur
whether the vehicle is moving or stationary.

Does this law only apply to the driver?

Any person in the vehicle who is smoking while a child is in the vehicle will be committing
an offence.

How will this law be enforced?
Police Officers and Tobacco Control Officers have the authority to enforce this law.

For more information...
Please contact the Tobacco Control Unit, Drug & Alcohol Services SA on ph. 8274 3451.
If you want to know more about quitting smoking, please call the Quitline on 137 848 or
visit the Quit SA website www.quitsa.org.au.

This legislation is not unique to Sth Aust, much of Europe, Canada etc have similar restrictions.
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Reply By: garrycol - Friday, Apr 24, 2009 at 10:02

Friday, Apr 24, 2009 at 10:02
I think it has either been brought in or is about to be brought in in NSW and the ACT.

Garry
AnswerID: 361225

Follow Up By: kevanancy - Friday, Apr 24, 2009 at 10:40

Friday, Apr 24, 2009 at 10:40
Allready got that law here in QLD , however still see people doing it all the time .
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Reply By: Member - Footloose - Friday, Apr 24, 2009 at 10:10

Friday, Apr 24, 2009 at 10:10
I personally think that it's a good law but there are far too many laws. Talk about the nanny country !
You can't legislate common sense.
AnswerID: 361228

Reply By: Member - Rodney B- Friday, Apr 24, 2009 at 10:14

Friday, Apr 24, 2009 at 10:14
About bloody time too.
While I don't really care if someone smokes themselves to death the kids don't have a choice if they are sitting in the car.
My mother and grandmother used to smoke in the car when I was a kid (boy that was a long time ago) and now I suffer mild lung problems because of it.
Sooner it is made national policy the better.

Cheers
AnswerID: 361229

Reply By: Robin Miller - Friday, Apr 24, 2009 at 10:58

Friday, Apr 24, 2009 at 10:58
No wonder there is an increasing disrespect for rules.
Robin Miller

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AnswerID: 361234

Follow Up By: Member - ross m (WA) - Friday, Apr 24, 2009 at 15:55

Friday, Apr 24, 2009 at 15:55
Just because we hear teenagers swearing at a bus stop,it doesnt mean the whole world has gone to rack and ruin
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Reply By: Roughasguts - Friday, Apr 24, 2009 at 11:02

Friday, Apr 24, 2009 at 11:02
Thats a great idea!

I seen 3 adults smoking with a baby strapped in the rear child seat and only one window slightly open.

It made me sick, poor kid.
AnswerID: 361235

Reply By: Mudripper - Friday, Apr 24, 2009 at 11:11

Friday, Apr 24, 2009 at 11:11
I think a similar law should apply to women that smoke whist being pregnant.
AnswerID: 361236

Reply By: Best Off Road - Friday, Apr 24, 2009 at 11:15

Friday, Apr 24, 2009 at 11:15
Interesting that it is still legal for children of any age to ride Pillion on a Motor Cycle.

Jim.

AnswerID: 361237

Follow Up By: Roughasguts - Friday, Apr 24, 2009 at 11:23

Friday, Apr 24, 2009 at 11:23
Yeah funny you should say that, and how come the kids ride behind ! They seem to feel safer when there in front between your arms but then if you hit the skids........ over the handle bars they go I guess.
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Follow Up By: Member - Nick (TAS) - Friday, Apr 24, 2009 at 11:51

Friday, Apr 24, 2009 at 11:51
I could be wrong but I think its illegal down here in tassie to dink kids under 12? on a bike.
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Follow Up By: Best Off Road - Friday, Apr 24, 2009 at 15:13

Friday, Apr 24, 2009 at 15:13
Interesting that the Govt ensures that you must be 18 before making decisions for yourself as to whether to smoke/drink or be of mature enough mind to vote or get a Tatoo

BUT

At 12 y.o. one can decide to get on the back of a deathtrap.

Odd, very odd.

Cheers,

Jim.

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FollowupID: 628978

Follow Up By: Member - Nick (TAS) - Friday, Apr 24, 2009 at 15:40

Friday, Apr 24, 2009 at 15:40
Now come on, just cause its a bike dosnt mean its a death trap.
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Follow Up By: Best Off Road - Friday, Apr 24, 2009 at 15:43

Friday, Apr 24, 2009 at 15:43
Nick,

There's only one thing beteween a Motorcyclist and an accident.....Time.

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Follow Up By: Member - Nick (TAS) - Friday, Apr 24, 2009 at 16:00

Friday, Apr 24, 2009 at 16:00
Typical, all motor cyclists tainted with the same brush.
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Follow Up By: guzzi - Friday, Apr 24, 2009 at 16:01

Friday, Apr 24, 2009 at 16:01
BOR,
Spoken like one of the blind in a car, who has never ridden, another instant expert.
Climb down off your soap box, hypoxia seems to be getting to you.
33 yrs of dodging fudpuckers in cars and they haven't got me, perhaps they need more time?
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FollowupID: 629000

Follow Up By: disco driver - Friday, Apr 24, 2009 at 16:04

Friday, Apr 24, 2009 at 16:04
Jim,
Your trade name says it all

"BEST OFF ROAD"
but they are still good fun on road too.

I've been riding motor bikes for more than 50 years and apart from an encounter with tram lines many years ago and an onfarm accident about 25 years ago involving a bull which could run faster than the ag bike I was riding I've never had a stack-up.

Motor bikes are like cars.............the problem is the nut holding the handle bars.

Please
Don't try to hijack the thread with your bias.

Disco.
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FollowupID: 629002

Follow Up By: Best Off Road - Friday, Apr 24, 2009 at 16:15

Friday, Apr 24, 2009 at 16:15
Chaps,

Don't go all teary on me.

From the TAC website

"Of the 332 people killed on Victoria's roads in 2007, 45 were riders of motorcycles."

Now that represents nearly 14% of deaths. Motor cycles make up less than one percent of traffic. They are a very dangerous form of transport.

Anyway, my whole point is that anyone under 18 should not be allowed to make deisions that could jeopardise their life, be it drinking, smoking or parachute jumping.

Just for the record I did ride a road bike for four years (out of necessity, not choice).

Cheers,

Jim.




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FollowupID: 629005

Follow Up By: disco driver - Friday, Apr 24, 2009 at 18:31

Friday, Apr 24, 2009 at 18:31
Jim,
I don't dispute your figures and percentages, but it has bugger all to do with the intent of the original post which is to do with smoking in cars with kids in them.

Disco.
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FollowupID: 629037

Follow Up By: Best Off Road - Friday, Apr 24, 2009 at 18:51

Friday, Apr 24, 2009 at 18:51
Disco,

There are no rules that say threads can't drift off on another tangent.

Happens all the time and generates some good, healthy, interesting debate.

Cheers,

Jim.

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FollowupID: 629042

Follow Up By: Ozboc - Friday, Apr 24, 2009 at 20:13

Friday, Apr 24, 2009 at 20:13
Greetings all - up until recently the rules for a child pillion was that said pillion had to be able to put both feet flat footed on foot pegs to be legal age to ride " Biatch"

Law now states that the child MUST be at least 12 years of age.
yet there are still no rules in place in regards to FULL safety gear -- this extends beyond an AS DOT approved helmet.

I am a bike rider ( over 25 years or road and motor X ) , and i ALWAYS wear safety gear - that being a full leather jacket with aproved CE certified jacket and pants - gloves and approved helmet - whether i am going to the shops or for a 5 hour+ ride -

ALL too often i have seen kids on bikes - wearing a helmet -- singlet and shorts with thongs. this actually horrifies me. It should also be law that FULL riding gear be worn - not Just the minimum requirement of an A.S DOT Helmet

end of Rant

Busaboc
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FollowupID: 629066

Follow Up By: Hairy (NT) - Saturday, Apr 25, 2009 at 13:19

Saturday, Apr 25, 2009 at 13:19
Arghhhh!!!!
Shock Horror!!!!
Glad you didnt see my 7 year old son riding my Harley a couple of New Years ago....Could have rode it through the front door of Glen Helen pub! He nearly threw me off the back.
I thought letting him ride was the resposible thing to do??? Because I was as full as a fat laddies nickers....hahahahaha
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FollowupID: 629170

Follow Up By: Member - Michael J (SA) - Saturday, Apr 25, 2009 at 17:16

Saturday, Apr 25, 2009 at 17:16
Hairy,

You conjure up a beaut picture......and I reckon you did the right thing........................"full as a fat laddies nickers" lmao


Cheers
Michael
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FollowupID: 629206

Reply By: didiaust - Friday, Apr 24, 2009 at 11:39

Friday, Apr 24, 2009 at 11:39
I think it is sad that it takes a law to enforce common sense and judgement. It should apply to homes with children under 16 as well.



AnswerID: 361240

Reply By: The Explorer - Friday, Apr 24, 2009 at 11:45

Friday, Apr 24, 2009 at 11:45
Wonder what happens if its the <16 year old thats smoking :)

Cheers
Greg
I sent one final shout after him to stick to the track, to which he replied “All right,” That was the last ever seen of Gibson - E Giles 23 April 1874

Lifetime Member
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AnswerID: 361241

Reply By: cito - Friday, Apr 24, 2009 at 14:43

Friday, Apr 24, 2009 at 14:43
Nick - you are right. It is unlawful for anyone under 12 to be a passenger on a m/c on a public street. Interestingly, a public street in Tas is any road where the public have access, whether it is a bush track or a well used made road. So even taking a kid for a ride on a forest track is a no-no.

It has been law in Tas for about 2 years for no smoking in cars when kids under 16 are in the car.

Unfortunately, it has been dumped on the coppers to control that one as well as every other thing the pollies can think off and no-one else wants to do.

Cheers

Lynds
AnswerID: 361260

Reply By: Roughasguts - Friday, Apr 24, 2009 at 15:23

Friday, Apr 24, 2009 at 15:23
I bet if the Motor cycle was invented today there be no way they would make it street legal and put it on our roads.
It's way to dangerous.

Geez what am I saying my Dad raced bikes he bought me my first motor cycle when I was 10 and several others while I was playing in the dirt.

Then my first big Road bike and I spent 3 months 3 days in Hospital after a car run me down.
AnswerID: 361269

Follow Up By: Ozboc - Friday, Apr 24, 2009 at 20:20

Friday, Apr 24, 2009 at 20:20
..... Cage drivers are what cause MOST of motorcycle accidents -- should they be banned also ???

Every encounter i have ever had / or should i say close call - has been with a cage driver - and not a bike rider .. Its well known that Bike riders are much better car drivers than the average as they are far more alert to dangers around them and constantly scan road for oncomming issues ......

wonder why that is ??


Boc
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FollowupID: 629069

Reply By: Hairs & Fysh (NSW) - Friday, Apr 24, 2009 at 16:36

Friday, Apr 24, 2009 at 16:36
DIO,

Why do we need laws to stop people from smoking while in a car with someone under the age of sixteen?
Because it justifies the existence of a shiny arse/happy clapper bureaucrat. And people are becoming dumber and dumber.
DIO, you ask' How will this law be enforced?'
It will be just another law that will be hard to enforce, just like the no helmet law on a bicycle, arms/feet sticking out of car windows, talking on a mobile phone while driving, throwing rubbish out of a car, dogs that by law must be tethered to the back of a Ute, the list goes on and on. 90% of people do, do the right thing, the other 10% need protecting from them selves.
Only a fool would smoke in a car with children in it.
Then again only a fool would smoke, having said that I used to be a fool. :) About ten years ago.




AnswerID: 361285

Reply By: Richard Kovac - Friday, Apr 24, 2009 at 16:45

Friday, Apr 24, 2009 at 16:45
"DIO, you ask' How will this law be enforced?'"

It's nothing to do with the law, it's about giving the kid the right to sue the crap out of the adult if he or she gets crook.

Thats why it's a law.
AnswerID: 361288

Follow Up By: Hairs & Fysh (NSW) - Friday, Apr 24, 2009 at 16:58

Friday, Apr 24, 2009 at 16:58
Your right Richard
It does. It makes them liable.


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FollowupID: 629013

Reply By: Member - Lionel A (WA) - Friday, Apr 24, 2009 at 18:43

Friday, Apr 24, 2009 at 18:43
Looks like the grandkids are going to miss out on future camping trips.

Im just so tired of society appointing moral guardians for us all.

12 years ago I left a country of 3 million 'sheep' to come to a country where a bloke had a few basic freedoms available to him.
Those basic freedoms have slowly been erroded and Im sorry to say I now live in a country of 20 million 'sheep'.

Ive said it before and Ill say it again:

If you cant break a blokes spirit, you legislate it out of him.

Seems to be the Aussie way.

Cheers......Lionel.
AnswerID: 361320

Reply By: kingswoodwagon - Friday, Apr 24, 2009 at 20:29

Friday, Apr 24, 2009 at 20:29
Dont worry too much about the this new law of smoking in cars when kids are present, we will just have to dink them around on our bike now - at least we can smoke to our hearts content while kids are present on bikes.


Disclaimer : i dont smoke, or ride motorbikes.





AnswerID: 361352

Reply By: cyoung2203 - Friday, Apr 24, 2009 at 21:06

Friday, Apr 24, 2009 at 21:06
Is it just me or are we becoming a bunch of sooks?

I grew up in a smokers household...you could cut the air with a knife most evenings

I left home and moved in with smokers...same story

I used to catch the smoking carriage on the train to work because I couldnt get a seat anywhere else....you couldnt see the end of the carriage from the smoke (Dont know why people purchased them...they should have just inhaled)

You would go to pubs and clubs and squint through the fog to see the barman three feet away.

I would work in an office where the secretary would tap the ask off the document she just typed.

Those were the days...LOL

Now, smoking anywhere outside of your locked bathroom is a crime punishable by death! I dont smoke, never did, cant say it did me any harm...this whole passive smoking thing. So does that mean we are over reacting?

Its like talking on mobiles while driving. They say it is the law that people ignore. I wonder why? It is legislation for legislation sake. So many people do it and never have an accident. Police are allowed to use them whilst driving.

I recall Harold Scruby wanting to ban car stereos because they were a distraction. Imagine him having kids in the car! The only positive if he had managed to pull that off is that we wouldnt have to hear him on the radio!

I wonder if a valid defence to smoking with kids in the car is having the windows down? Or being in a convertible. You can defend a mobile phone offence if stationary at traffic lights...

I think we should start legislating against mindless legislation. LOL

Then again, I sincerely believe we should start fining Camry drivers off the road. Not your Sportigues etc mind you. I am talking those CSI / Executive misery spec models. They are responsible for the majority of traffic jams which in turn causes additional green house gasses which in turn causes us all to bake in our own homes in a few years time and see us visiting our fav sea side restaurant wearing gogles and snorkel (They will be under water you see)

I am off to become a politician....and get a glass of Chardonnay, and dream of a motorway without Camry's

Craig

PS: Have a safe weekend everyone!
AnswerID: 361363

Follow Up By: Roughasguts - Saturday, Apr 25, 2009 at 05:47

Saturday, Apr 25, 2009 at 05:47
Damn why didn't someone tell me the Camry was the new Volvo.
Now I'm going to feel like a d!ck driving it.

Oh well drive the Paj more I guess mind you that's a lot slower than the V6 Camry! specially up hills.
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FollowupID: 629123

Reply By: cyoung2203 - Friday, Apr 24, 2009 at 21:08

Friday, Apr 24, 2009 at 21:08
Is it just me or are we becoming a bunch of sooks?

I grew up in a smokers household...you could cut the air with a knife most evenings

I left home and moved in with smokers...same story

I used to catch the smoking carriage on the train to work because I couldnt get a seat anywhere else....you couldnt see the end of the carriage from the smoke (Dont know why people purchased them...they should have just inhaled)

You would go to pubs and clubs and squint through the fog to see the barman three feet away.

I would work in an office where the secretary would tap the ask off the document she just typed.

Those were the days...LOL

Now, smoking anywhere outside of your locked bathroom is a crime punishable by death! I dont smoke, never did, cant say it did me any harm...this whole passive smoking thing. So does that mean we are over reacting?

Its like talking on mobiles while driving. They say it is the law that people ignore. I wonder why? It is legislation for legislation sake. So many people do it and never have an accident. Police are allowed to use them whilst driving.

I recall Harold Scruby wanting to ban car stereos because they were a distraction. Imagine him having kids in the car! The only positive if he had managed to pull that off is that we wouldnt have to hear him on the radio!

I wonder if a valid defence to smoking with kids in the car is having the windows down? Or being in a convertible. You can defend a mobile phone offence if stationary at traffic lights...

I think we should start legislating against mindless legislation. LOL

Then again, I sincerely believe we should start fining Camry drivers off the road. Not your Sportigues etc mind you. I am talking those CSI / Executive misery spec models. They are responsible for the majority of traffic jams which in turn causes additional green house gasses which in turn causes us all to bake in our own homes in a few years time and see us visiting our fav sea side restaurant wearing gogles and snorkel (They will be under water you see)

I am off to become a politician....and get a glass of Chardonnay, and dream of a motorway without Camry's

Craig

PS: Have a safe weekend everyone!
AnswerID: 361364

Follow Up By: cyoung2203 - Friday, Apr 24, 2009 at 21:09

Friday, Apr 24, 2009 at 21:09
Ooops. Pressed submit twice...and still dont have the Chardonnay
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FollowupID: 629089

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