Vapeing in commercial vehicles ? Legal Question

[Northernshrink]

So long story short last August I received a 305.00 dollar fine for smokeing in a commercial vehicle I was sitting in a parking lot and this guy walks up and shows me a badge. I cant remember the exact wording but something about tobacoo enforcement (didnt even know there was such a thing). So basicly I am curious if I can be tagged for the same thing for vapeing ?

 

[FunkyVapes]

I don't want to comment with any form of certainty, but they cannot charge you for smoking in a commercial vehicle (which is what the charge is) because even under our ambiguous regime, it is understood that smoking laws do not apply to people using PVs. However, if it was a private enforcement officer from the company itself, that is entirely anther matter and would default to the contract that you signed (if any) upon being hired.

 

[Toronto_Mike]

In Ontario, you could be charged for smoking in a commercial vehicle - it is by definition a considered as a workplace. As far as e-cig goes - the answer would be no - it is not smoking.

I have wondered though if the talking while driving/texting/operating a GPS etc while driving law charges would still apply since an e-cig is an electronic device just like the above.

 

[Northernshrink]

I don't want to comment with any form of certainty, but they cannot charge you for smoking in a commercial vehicle (which is what the charge is) because even under our ambiguous regime, it is understood that smoking laws do not apply to people using PVs. However, if it was a private enforcement officer from the company itself, that is entirely anther matter and would default to the contract that you signed (if any) upon being hired.

The company is fine with smokeing in our vehicles our only policy is if we have a non smoker to respect that and not smoke. They actually sent my ticket to the legal department for review as we are a major corporation and this was only the second fine anyone had received.

 

[Concat]

Smoke-Free Ontario Act, S.O. 1994, c. 10

“enclosed public place” means,
(a) the inside of any place, building or structure or vehicle or conveyance or a part of any of them,
(i) that is covered by a roof, and
(ii) to which the public is ordinarily invited or permitted access, either expressly or by implication, whether or not a fee is charged for entry, or

Prohibition
9. (1) No person shall smoke tobacco or hold lighted tobacco in any enclosed public place or enclosed workplace. 2005, c. 18, s. 9.

As you can see, the law specifically says "smoke tobacco" or "hold lighted tobacco." Technically you could smoke oak leaves in your vehicle and it would be legal. The fact that your PV isn't even smoke should only strengthen your resolve.

 

[Can_supplier]

Seems they were a Tobacco Enforcement Officer.

What a wonderful use of our tax dollars.

Tobacco Enforcement

 

[Eddie.Willers]

Seems they were a Tobacco Enforcement Officer.What a wonderful use of our tax dollars.Tobacco Enforcement

Sheesh!
Now, that's what I call a gravy train!

 

[smokum]

I know that my brother had to put his drivers names on all his dump trucks to show they were the dedicated sole drivers to avoid the hassle of commercial truck smoking fines.

 

[Toronto_Mike]

A co-worker of mine, a bit of an idiot, got caught by a TTC enforcement officer with smoking on TTC property. The idiot was outside on the bus platform. That smoke cost him $200+.

 

[ChellyNelly]

I don't know about commercial vehicles but in Nova Scotia it's illegal to smoke in a vehicle with someone under 18 in it.

 

[Toronnah]

Doesn't matter what the law says. It's what the Ontario Ministry of Labour enforcement officer decides to charge you with.

They can charge you with anything they want to. Just like a cop. A judge upholding or dismissing the charge is a different beast altogether

 

[Mr.Whitecloud]

Just another tax grab by our faithful and honest govt I work in commercial vehicles ride trains etc and have never been bothered by the authorities.....took a hit right in front of a transit cop asked what it was... explained thought it was cool... went on his merry way.I vape on mine just about everywhere,get the odd strange look but no one has ever tried to call the cops or tell me what i was doing was illegal.The tobacco enforcement in Ontario better wise up before they get their own asses hauled into court for false accusations and maybe train the staff better on law.

 

[ChellyNelly]

I think some people may have misunderstood. He got charged for smoking in a commercial vehicle before, not vaping. He's wondering if vaping will get him in trouble, too. I hope not

 

[Concat]

Vaping in a commercial vehicle is 100% legal. Full stop.

If a cop wants to be ignorant to the law, well we can't predict such things.

 

[Targone]

If your not hurting anyone.............. live like you're free!

 

[Toronnah]

Vaping in a commercial vehicle is 100% legal. Full stop.

If a cop wants to be ignorant to the law, well we can't predict such things.

Again, you are missing the point. Quote the law to a Ministry of Labour enforcement officer. They get paid overtime to show up at court to hear your charges dismissed.

What you also fail to realize is that the exclusion of e-cigs from the legislation does not mean the MOL can't make a roadside decision. Smoking in a vehicle falls under workplace safety, not smoking in public legislation. You ate producing an unknown substance into the air. At a roadside stop, you cannot prove to the MOL officer what the liquid is you are burning in an enclosed vehicle.


You really have no idea how much power some of the government enforcement officers have

 

[Concat]

Again, you are missing the point. Quote the law to a Ministry of Labour enforcement officer. They get paid overtime to show up at court to hear your charges dismissed.

What you also fail to realize is that the exclusion of e-cigs from the legislation does not mean the MOL can't make a roadside decision. Smoking in a vehicle falls under workplace safety, not smoking in public legislation. You ate producing an unknown substance into the air. At a roadside stop, you cannot prove to the MOL officer what the liquid is you are burning in an enclosed vehicle.


You really have no idea how much power some of the government enforcement officers have

Ok well I don't know jack about labor laws in Ontario, but smoking in a commercial vehicle does fall under the Smoke Free Act in Ontario. I quoted it earlier in the topic. If vaping somehow violates a workplace safety law, seems to me it's not something we can predict. Here in Alberta we have "distracted driving" laws. Could a cop issue me a ticket for vaping under that law? I suppose they could. But there's no smoking laws being violated.

I guess I'm just saying that we can be charged for all sorts of obscure laws for doing all sorts of mundane things. If it takes a team of lawyers to figure out if the law has been broken, well then I figure the law itself is broken.

Oh and the liquid isn't burned, otherwise there would be smoke

 

[Toronnah]

Fair points.

I suppose I am cynical because I have seen government officials from multiple ministries pull " power trips" and misinterpret their own printed laws, policies and guidelines.

 

[Justice]

Vamping should be ok you may have some explains to do. But here in BC it's illegal to smoke in a commercial vehicle. The vehicle is a work place said and done.