Killyleagh man fumes after lorry smoking fine

Killyleagh man fumes after lorry smoking fine

11 July 2012 - by David Telford

A KILLYLEAGH man is fuming mad after Down Council fined him for smoking in the cab of his lorry.

Willis Marshall, who gave up smoking a number of months ago, uses an electronic cigarette which turns red at the tip when he inhales, allowing him to then exhale water vapour.

The tobacco-free cigarette is designed to help reduce the nicotine craving and the Killyleagh man is angry he has been issued with a fixed penalty notice for “smoking” in his firm’s lorry while travelling through Downpatrick a few weeks ago.

He took a day off work last Monday to meet with the council official who saw him smoking, with the local authority officer informing Mr. Marshall he was “100 per cent sure” he’d been smoking.

“This is an absolute joke. The council official told me he spotted me smoking while looking through two lines of traffic at my lorry which was about 30 feet away from where he was. He said I had a real cigarette in my hand as he could see the ash glowing,” explained Mr. Marshall.

“I am well aware of the new smoking legislation and that you can’t smoke in vehicles. I wasn’t smoking. What I have is in effect a pretend cigarette which emits water vapour. The council officer has got it wrong and this entire situation is absolutely crazy.”

Mr. Marshall, who has paid his £30 fine, explained he did so because he could not afford to take the council to court, even though “it’s got this one badly wrong.”

He continued: “I have done nothing wrong and not broken any laws. But for the fact I’ve been made redundant, I probably would have challenged the council in court because right is on my side. The council official assumed I was smoking and he’s got it wrong, badly wrong.”

Mr. Marshall said if he’d been smoking a real cigarette he would have held my hands up, but his adamant he’s not guilty of any offence.

He added: “The council officer said he saw ash on the end of the cigarette which was in fact a red light. He made an assumption which was wrong, an assumption which has cost me £30. I had an electronic cigarette which has no smoke, no ash, no tar, it’s virtually odourless, non-flammable and there’s no carbon monoxide.”

A Down Council spokeswoman said smoking in work vehicles is controlled by smoke-free legislation and explained the local authority “cannot discuss the specifics of any particular case.”