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Row erupts between Council and Ulster Farmers Union over farmer spotted smoking in tractor

By Rebecca Black

Published 21/07/2015

The row was sparked by a farmer lighting a cigarette as he sat in his tractor which was parked off the road at a filling station.
The row was sparked by a farmer lighting a cigarette as he sat in his tractor which was parked off the road at a filling station.

A war of words has erupted between Antrim and Newtownabbey Council and the Ulster Farmers Union - over someone smoking in a tractor.

It was sparked by a farmer lighting a cigarette as he sat in his tractor which was parked off the road at a filling station.

Some time later the owner of the tractor received a letter from the council detailing that someone had been observed smoking in the tractor and demanding the identity of that person or a fine would be issued.

It explained that a tractor is considered to be a commercial vehicle capable of carrying more than one person.

A UFU said as this was deemed to break smoking in the workplace regulations – and the owner of the tractor, who is also a contractor, has been ordered to give the name of the person smoking, or face a fine of up to £1000.

UFU deputy president, Barclay Bell said this was taking the smoking ban to extreme lengths.

"At one level this is a bizarre and even funny example of excessive red tape, defining a tractor as capable of carrying more than one person," he said.

"It is difficult to understand that in the same month we are being told the public sector has insufficient funds to improve road safety by cutting back hedges and verges in rural areas — yet a local council can afford someone to watch a tractor parked safely off the public road. 

“Regardless of where you stand on smoking, in tough financial times it is justifiable to ask whether this is the best possible use of time and money.”

The owner of the tractor is a member of the UFU and revealed that the notice they received detailed the registration number of the tractor, setting out the time and location and warning of potential fines — complete with a two page form to disclose full details of the tractor, the person driving it and the tax status of what they said was “very clearly a John Deere agricultural tractor”. 

The UFU says this is a warning to farmers that they cannot escape red tape, even in their tractor or off the public road.

A spokeswoman for Antrim and Newtownabbey Council said yesterday that investigations are still ongoing at this stage and no fines or fixed penalties have been issued.

“Under The Smoking (Northern Ireland) Order 2006, it is against the law to smoke in work vehicles used by more than one person. A tractor is classed as a work vehicle,” she said.

The council has one smoking enforcement officer.

The smoking ban was brought into action in 2007 making it illegal to smoke in workplaces, most enclosed public spaces and on public transport. It is enforced by councils.

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