A fine of €550 was imposed on a Co Mayo man yesterday when he became the first taxi-driver in the country to be prosecuted for smoking a cigarette in his vehicle in violation of the law relating to smoking in the workplace.
Peter Edwards, Rathkip, Ballina was caught by an environmental health officer smoking a "roll-your-own" cigarette while seated in his vehicle at the taxi rank on Pearse Street, Ballina at 1am on February 26th last.
He pleaded guilty to the offence and was instructed by Judge Mary Devins to pay €250 to the Irish Cancer Society as well as €300 costs incurred by the Health Services Executive (HSE) which brought the prosecution.
Cathal Kearney, principal health officer with the HSE, gave evidence to the court of spotting the defendant lighting what he presumed to be a cigarette while alone in his vehicle.
Mr Kearney said that although the defendant had nothing in his hand when he (witness) approached the car, he admitted he had been smoking and apologised profusely. The witness explained that, when asked to produce the offending cigarette, the defendant replied that he rolled his own.
He then produced a small leather pouch, from between the two front seats, which contained tobacco and paper.
Mr Kearney explained to the judge that lots of warnings had been given to taxi-drivers about flouting the smoking laws and the HSE felt proceedings should issue in this case. He said the HSE's concern would be that if passengers got into a vehicle where the driver had been smoking they would be exposed to secondhand smoke.
They were also concerned that, if a driver smoked, they might allow passengers to smoke, thereby competing unfairly with taxi-drivers who complied with the law and did not allow their passengers to smoke. There was also the question of the driver's own health and safety involved, Mr Kearney stated.
Commenting that it was "an expensive rolly", the judge commended Edwards for meeting the case fairly and being co-operative.