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  (#1 (permalink)) Old
CanadaCraig Offline
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Trucker Fined for Smoking - alone - in his OWN truck - October 15th 2009, 09:07 PM

Hi Everyone!!

I hope you're having a dandy day!!

Trucker Fined for Smoking - alone - in his OWN truck.

"Canadian truckers are furious after news of a lone driver being fined $305 by police for smoking in the cab of a truck he owned. The reason? Police considered it a work place, making it illegal to smoke there.

Here's how the logic goes: Under the "Smoke-Free Ontario Act," "no person shall smoke tobacco or hold lighted tobacco in any enclosed public place or enclosed workplace." The health unit's tobacco program manager considers the interior of vehicles, privately owned or otherwise, a part of those enclosed workplaces."

CLICK on THIS to read the story!

Personally - I think this is ridiculous.

But what do YOU think? Should the trucker have been fined?!

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Craig!!
   
  (#2 (permalink)) Old
Khadra Offline
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Re: Trucker Fined for Smoking - alone - in his OWN truck - October 15th 2009, 09:46 PM

The only way I could see this possibly being fair is if someone else was going to be in the truck later. Even then, that's stretching it. Whoever fined him really needs to get some common sense!


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  (#3 (permalink)) Old
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Re: Trucker Fined for Smoking - alone - in his OWN truck - October 15th 2009, 09:55 PM

On the one hand, my idealist side thinks: "Great! Anything that makes smoking a less appealing prospect for even a few people is a good thing."

But realistically, if it's a privately owned truck, it's not that feasible. If the truck were owned by the company and not the driver, they'd have more of a case. But as it is, pragmatism wins over idealism on this one.


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Re: Trucker Fined for Smoking - alone - in his OWN truck - October 15th 2009, 09:57 PM

I don't think that he should be smoking in his truck when he's driving, to be honest. The same goes for eating, smoking, using a phone whilst you're driving, I don't think it's acceptable. I do however, think it's unfair that the reason that he was fined was for smoking in his own truck assuming that he'd also be fined if the vehicle was stationary... apologies for the bad phrasing.
   
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Re: Trucker Fined for Smoking - alone - in his OWN truck - October 15th 2009, 10:24 PM

the only reason he should have been fined is if he was driving at the time or if someone else was going to be driving/using the same truck later on.


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Re: Trucker Fined for Smoking - alone - in his OWN truck - October 15th 2009, 10:57 PM

I don't think you should be smoking whiel driving anyway, so I have very limited sympathy.




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Re: Trucker Fined for Smoking - alone - in his OWN truck - October 15th 2009, 11:20 PM

I find it rather stupid to be honest, and I do not see any real reason for him to be fined. I think a law is a law, but perhaps that is pushing it just a bit too far.


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Re: Trucker Fined for Smoking - alone - in his OWN truck - October 15th 2009, 11:21 PM

I reckon... He shoulda got a warning... Maybe he'd already had one :/ Buut I guess $305 for your own truck is a bit harsh



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Re: Trucker Fined for Smoking - alone - in his OWN truck - October 15th 2009, 11:29 PM

He should not have got any fines.


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Re: Trucker Fined for Smoking - alone - in his OWN truck - October 16th 2009, 12:36 AM

oh i read it as he was already pulled over when he got fined. if he was driving at the time then yes, he should be fined. smoking while driving is dangerous.. just like using a mobile phone.


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Re: Trucker Fined for Smoking - alone - in his OWN truck - October 16th 2009, 04:00 AM

As much as I hate smoking, I really think that lone truck drivers should be exempt from this, just because of how ridiculous it is. If there's no one else in the truck, then go ahead and light up; I don't care.


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Re: Trucker Fined for Smoking - alone - in his OWN truck - October 17th 2009, 07:10 AM

What?! That is so stupid!

While I believe you shouldn't be allowed to smoke in your car - I've lit my car on fire, dropped a cig, so many things that are potentially dangerous (I don't always lead by example ) This is not the law and not the reason he got the ticket. That's messed up - I hope he fights it.



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Re: Trucker Fined for Smoking - alone - in his OWN truck - October 17th 2009, 07:35 PM

I think that the law has some rationale to it, although I'm not sure fining the driver right away was appropriate. The truck I would consider to be a workplace or living place, although most likely workplace. I wouldn't have imagined someone would actually get fined over it though one the first time, I'd have thought a simple warning but no ticket nor fine would be appropriate.

I'll admit though, it does seem rather silly that it is HIS own workplace and if he owns the workplace, then it seems to be rather silly because the only person he's harming is himself. I suppose though that the issue could be made that at one point or another, he may indeed have someone else with him in the workplace, although only having that one trucker in the workplace seems a bit ridiculous to go out of your way and fine.

I don't think it really matters whether or not the truck was moving or standing still, the workplace is still the same, it's not changing regardless of where it's moving or if it's moving at all.
   
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Re: Trucker Fined for Smoking - alone - in his OWN truck - October 17th 2009, 07:47 PM

That's stupid. If the truck was owned by the company then I'd understand that because it's not his, it's the companies therefore in some sense, it's a workplace. But, it's his own truck so it's like smoking in your own car, just because he uses the truck for work doesn't really class it as a workplace. The only thing he should have received a fine for is smoking while driving, if he was in fact driving at the time.
   
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Re: Trucker Fined for Smoking - alone - in his OWN truck - October 17th 2009, 09:27 PM

Hi Everyone!!

I hope you're having a super duper day.

To those of you who believe that he should have been penalized in some way - even if that meant being given a 'warning' for his 'first offense' - how would you feel if the police knocked on the door of that man's HOUSE and fined him because he was smoking in a 'workplace'? [The man - who lives alone - works from home]

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Re: Trucker Fined for Smoking - alone - in his OWN truck - October 18th 2009, 06:13 AM

Quote:
Originally Posted by CanadaCraig View Post
To those of you who believe that he should have been penalized in some way - even if that meant being given a 'warning' for his 'first offense' - how would you feel if the police knocked on the door of that man's HOUSE and fined him because he was smoking in a 'workplace'? [The man - who lives alone - works from home]
There's one key difference between this and the truck incident. For the man's house who lives alone, it's exactly that, his house or home. In other words, it's his livingplace as well as his workplace. He may live in the truck for a few days while doing some large trip but it's not his place of residence whereas his house is. So fining or giving a warning is harder to find rationale for because it's the man's living place, which is much harder to argue for the average trucker.

If they did fine him at home, then I'd say they'd have to give some argument as to why it's not simply him smoking in his living place or current living address. I'd also be curious as to how they would have figured out whether or not he's smoking at his living place assuming he didn't smoke outside somewhere.
   
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