New vaping clampdown on London Midland trains

An article in the Birmingham Mail states that London Midland has "launched a new campaign to stamp out anti-social behaviour and it could see passengers facing prosecution for breaking new railway by-laws. Commuters caught putting their feet on seats or vaping could end up in court."

It's time for Network Rail and all train operating companies, not just London Midland, to change their e-cigarette policies. As I understand it (and if I am wrong, I will happily make a correction) the existing railway byelaws do not cover e-cigarettes. Take a look for yourself.

In an article published by in 2015, Southern Railways said this: 

"The [vaping] ban will not enforceable by law. Anyone who is seen using one of these devices by Southern and Gatwick Express staff after July 26 will be politely asked to stop".

My question of London Midland therefore is this: on what grounds are you fining people and potentially taking them to court? 

E-Cigarette-Electronic_Cigarette-E-Cigs-E-Liquid-Vaping-Cloud_Chasing_(16161321808).jpgCancer Research UK stated in 2016 that “There’s no evidence that second-hand e-cigarette vapour is dangerous to others", while Public Health England and the Royal College of Physicians - amongst others - have endorsed vaping products, with the former also advocating that e-cigarettes are not included in workplace smoking bans. The Department of Health also recently released a report declaring that emissions from e-cigarettes pose no identifiable risk to bystanders. All of the evidence and advice is building up, yet railway companies refuse to budge. Now London Midland is threatening to take people to court because it regards vaping as anti-social. 

If someone is filling up the carriage with vapour, then the person responsible should be asked to stop. If someone is discreetly vaping (which all vapers who have used trains will have done at some point), then they are not being anti-social in the least. Network Rail and rail operating companies, please take note. 


Photo Credit: TBEC Review Follow




Showing 5 reactions

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  • commented 2017-08-11 08:05:32 +0100
    guess the rail networks didn’t see the UK government guidance to allow vaping in enclosed public spaces in order to “maximise” access to safer alternatives to smoking.
    In particular, it states that e-cigarette use is not covered by smokefree legislation – so should not be included in policies which ban smoking.
  • commented 2017-08-10 19:20:55 +0100
    Sorry Paul, but there is no law against vaping without permission. No one disagrees that vapers should be considerate of others, and should stop vaping if asked by a premises owner, but these are matters of courtesy and not law.
  • commented 2017-08-10 18:54:00 +0100
    Im a long Term vaper and i would not dream of vaping on a train basic rule i follow if i cant spark up a fag in the area then i would not vape! And wile it remains leagal to vape it is only LEGAL with the owners permission!!! Just because you can dosnt mean you should!
  • commented 2017-08-10 12:36:40 +0100
    That’s exactly what I thought, Sarah, although as I’m not a lawyer, I gave myself some wriggle room.
  • commented 2017-08-10 12:18:09 +0100
    The Birmingham Mail story is innacurate and misleading. There are no new byelaws and vaping is not an offence under the current ones. Whilst it could be argued that cloud chasing on a packed train might cause discomfort to some passengers and may therefore breach 6(8), the same cannot be said for discreet or considerate vaping on a relatively empty one. See this Twitter conversation with the train operator for more: