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Posted: Dec 15, 2019
Non-smoking taxi and hire questions
?Taxi smoking cessation is the result of voluntary dissemination by taxi operators in each prefecture. As a result, the Wakayama Taxi Association's ban on quitting smoking was finally spread to 47 prefectures in January 2013. did.
?However, taxi operator groups have no authority to force non-members to introduce non-smoking cars to participating businesses, and even more so to non-member businesses. Therefore, about 10 percent of non-smoking vehicles are still running nationwide. And smoking cessation for hire is completely untouched.
?Currently, taxis only exist in public transport only if the operator voluntarily "indicates that it is a non-smoking car" (Article 4-2 of the Standard Conditions of Carriage for General Car Carrier Business) (However, in Kanagawa Prefecture, taxi is included in the "public places" designated by the penal regulations, and smoking is banned uniformly. It is understood that).
?Article 25 of the "Health Promotion Act", which took effect in May 2003, obliged managers of facilities used by many people to take measures to prevent passive smoking. This "facility" includes taxis.
?And, on December 20, 2005, in the Tokyo District Court's "No Smoking Taxi Litigation", "It is hard to overlook the health damage caused by passive smoking by drivers. It is expected that the national government will respond appropriately. From the user's standpoint, it is desirable to completely quit taxis. " cheap airport taxi London
?In addition, Article 8 of the Tobacco Control Framework Convention (FCTC), which was ratified by the Japanese government in March 2004, and guidelines for its implementation include taxi within the scope of legislative measures to prevent passive smoking. For violators, it is necessary to include financial penalties such as fines and administrative sanctions such as revocation of business licenses.
?On the other hand, the US Public Health Secretary's Report (1986) on the health effects of passive smoking states that it has been scientifically proven that there is no safe harmless level for passive smoking.
?Currently, there are no laws regulating non-smoking taxis and hire. In addition, passengers and crew are restricted from smoking in the car.
?Based on these, the following questions are asked.
(I) In the case of notices regarding the introduction of non-smoking taxis (National Travel Agency No. 15-5), The driver of the non-smoking taxi informs the passenger in advance that the vehicle to be boarded is a non-smoking vehicle and cannot be smoked in the car. In addition, even in the case of reservation delivery by wireless, etc., when delivering a non-smoking vehicle, the passenger is informed in advance that the vehicle to be delivered is a non-smoking vehicle and cannot be smoked in the vehicle. It is understood that passengers are absolutely prohibited from smoking in non-smoking vehicles. Also, in Article 4-2, Paragraph 1 of the Standard Conditions of Carriage for Cars for General Passenger Passenger Cars, it is stated that "passengers should refrain from smoking in our non-smoking vehicles", and taxi operators are not allowed to smoke passengers. It is understood that it does not admit.
?On the other hand, paragraph 2 of the same article states that "If a passenger smokes or is about to smoke in our non-smoking vehicle, the driver can ask to stop smoking, and the passenger responds to this request. If not, we may refuse to accept or continue transportation, "allowing the driver to continue or start smoking at the discretion of the driver. And some operators and crew members not only allow passengers to smoke in their cars but also encourage them. cheapest taxi to heathrow
?Therefore, from the viewpoint of consistency with the current general passenger car transport business-standard carriage agreement Article 4-2 second paragraph, from the viewpoint of consistency with Article 4-2 first paragraph of the same agreement and the above notification, If you smoke or try to smoke in a non-smoking vehicle, the driver will ask you to stop smoking, and if the passenger does not respond to this request, he will refuse to accept or continue the carriage. Even if the refusal to continue is refused, we will ask the passenger to pay the fare and fee until he gets off. "Amended to a clause that clearly prohibits passengers from smoking in non-smoking vehicles. I think I should but ask my opinion.
(Ii) Article 49, Paragraph 2, Item 3 of the Passenger Car Transport Business Transport Regulations enacted in 1951, states that "smoking in commercial cars currently used by passengers" "a. For this reason, in-car smoking is becoming normal for non-smoking taxis (running at a rate of around 10% nationwide). In addition, some smoking crew members who are in a non-smoking taxi can not completely change the smoking habit at that time when they were in a non-smoking taxi, and smoking is often seen in the vehicle. In addition, there are also private taxi operators who operate non-smoking taxis because they want to smoke in taxi cars as before. Therefore, passengers who ride after these crew members smoke are smoked in the cigarettes remaining in the car. Therefore, Article 49, Paragraph 2, Item 3 of the same rule states that from the viewpoint of preventing passive smoking by passengers and from the viewpoint of user convenience and safe driving, "business vehicles regardless of the presence or absence of passengers" I think that the driver should not allow smoking in all taxi vehicles.
(Iii) In 2008, the "Meeting for Non-Smoking Taxi" submitted to the Minister of Land, Infrastructure, and Transport (north) of Kita side. On the other hand, on May 18th of the same year, the automobile transportation bureau passenger section issued a document to the association titled "Ministry of Land, Infrastructure, Transport and Tourism's approach (answer) regarding the ban on smoking of taxi vehicles entirely". On page 2 (2) of the same document, "We believe that the introduction of non-smoking taxis should basically be done by the independent efforts of taxi operators. We believe that it is not appropriate to develop a statute with penalties for "quitting smoking".
?However, in the appendix to the ruling of the "Non-Smoking Taxi Litigation" mentioned at the beginning of the above (1), after saying that "Non-smoking taxis are not dependent on the independence of businesses, and appropriate responses are expected by the state" Seven years have already passed, and the number of people who are scrutinizing for the country's plan is increasing. (2) Eight years have passed since the "FCTC" came into force, and during that time, the Conference of the Parties (COP 1-5) was held, and Japan was told that penalties were necessary for the implementation of smoking regulations. Confirmed by each country including. (3) Although the introduction rate of non-smoking taxis has spread to around 90% nationwide due to voluntary efforts by taxi operators, some operators who are not affiliated with taxi operator groups have There are also companies that are trying to get rid of and encourage smoking, so it is recognized that there are changes in the situation that could lead to the formation of a non-smoking taxi system. Therefore, in the Railway Sales Act, the Maritime Transport Act and the Aviation Act, and the Kanagawa Prefecture and Hyogo Prefecture Passive Smoking Prevention Ordinance, smoking is regulated with `` penal provisions '', and the necessary legislation is urgently required for taxis. Think of it as a challenge, but ask your opinion.
4. Currently, the smoking cessation of hire is untouched. As taxis become non-smoking, passengers who are smokers tend to choose higher. As a result, higher occupants' passive smoking is more serious than in previous taxis. In addition, there are increasing cases of passengers who later complain about the existence of residual tobacco smoke by passengers who smoke in the car. Therefore, as in the previous "Three", I think that the country should take penalized legislation for the cessation of higher smoking.
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