The Spanish Council of Ministers has given the green light to the draft amendment of the 2005 anti-smoking law. The change, prepared by the Ministry of Health, includes a ban on smoking in company vehicles – from delivery cars to lorry cabins.
The new rules aim to protect public health, reduce passive smoking, and clarify regulations in the face of the growing popularity of new tobacco products and e-cigarettes. The project also foresees an update to the catalogue of offences and penalties, as well as a 12-month transition period for manufacturers and users to adapt. The bill has been submitted to parliament and awaits further proceedings. If it gains majority support, the regulations will come into effect after the transition period. For the transport sector, this means adapting to the new reality – although according to hauliers, the regulation is disconnected from the everyday work practice of drivers.
Drivers without passengers, but with a ban
The most controversial aspect is that the ban will also cover professional drivers who spend most of their time on the road alone. Who, in this case, is the ban supposed to protect?
The measure proposed by the Ministry of Health, which is meant to protect third parties, does not make sense for professional drivers who spend many hours alone in a lorry cabin” – emphasises Fenadismer, one of the largest transport organisations in Spain.
Stress, monotony and safety behind the wheel
According to hauliers, the new rules may have unintended consequences. Smoking while driving is a way for many drivers to cope with stress, monotony, and fatigue.
Prohibiting drivers from smoking out of their own choice may lead to greater stress, anxiety, and consequently, a decline in driving ability” – warns Fenadismer.
In practice, this could mean a drop in concentration and a higher risk of accidents – which is the opposite effect of what the government aims to achieve.
Unequal treatment?
The proportionality of the law also raises concerns. The ban will only apply to drivers of company vehicles, while private individuals can still smoke in their cars – even when carrying passengers.
According to the Spanish federation, it is a “ discriminatory solution because it does not impose the same ban on private drivers who can still smoke in their vehicles, even when transporting others.”
Fenadismer states that it does not oppose measures for public health, but calls for them to be “reasonable, proportional, and adapted to the realities of specific professional groups.”
