Queensland, Australia - January 1, 2010 start of law banning smoking in cars carrying children..

October 30, 2009 - On January 1, 2010 the Australian State of Queensland will start banning smoking in cars carrying children and will apply on all public roads.
Adults caught smoking in cars with children under the age of 16 will be slapped with $200 on the spot fines.

Deputy Premier Paul Lucas said the penalties were similar to those for people caught using a mobile phone while driving. "Obviously we don't expect the police to be on every shop corner or street corner issuing tickets but they can intercept people when they are smoking with kids in the car," Mr Lucas told ABC Radio this morning.

He rebuffed suggestions the legislation was a case of state revenue raising, saying the smoking ban was about protecting future generations.

"The level of tobacco smoke inside a vehicle is very high, and we know young children involuntarily exposed to tobacco smoke in confined environments have significantly increased health risks, including bronchitis, pneumonia, asthma, ear infections and Sudden Infant Death Syndrome," he said.

There are 276,000 smokers with children aged under 16 in Queensland.

Queensland Council for Civil Liberties president Michael Cope said he could understand the logic behind the smoking ban, but said it was cause for concern.
"You might see justification for this but in the end these things are parents' responsibilities ... the state should really leave parents' responsibilities to parents," Mr Cope told brisbanetimes.com.au this morning. "This is just another example of the state stepping in and extending it's reach to people's private lives.
"Parents are ultimately responsible for taking care of their children ... parents should have control, not the state."

In justifying the new laws, Mr Lucas said children didn't "have the ability to have a say." "If I'm a smoker and I'm with another adult and we're smoking in the car, well that's really my choice,'' he said. "But kids don't have the ability to say, 'I'm hopping (getting) out.' They've got to go with Mum and Dad."

The State Government will also throw its support behind local councils seeking to ban smoking at shopping centres, public malls and bus stops.

"The State Government can control what happens a train stations ... but councils can apply to make local laws that control smoking around [bus stops and shopping malls]," Mr Lucas said.

Councils would therefore be entitled to the proceeds from fines, rather than the State Government.

Ipswich Mayor Paul Pisasale said the council would move to ban smoking in the Ipswich Mall precinct, but allow for designated smoking areas. He said it was likely smokers would be afforded a three month amnesty before new by-laws became effective.
"We want to sit down with Deputy Premier to work out the costs for council. We could keep all the fines and that could go to educational programs or paying for law enforcement officers," Cr Pisasale said. "This is not revenue raising. What this is all about is making sure we protect the health and the stature of people who can't make a decision."

Banning smoking when children are in the home or car is a no-brainer - even Philip Morris agrees. David Sutton, a spokesman for Philip Morris USA said the company believes the public "should be guided by the conclusions of public health officials regarding the health effects of secondhand smoke" and "particular care should be exercised where children are concerned." Bill Phelps, a spokesman for the nation's largest cigarette maker, Philip Morris USA, said the company's website points out that public health officials have shown that secondhand smoke causes heart disease in nonsmokers. Phelps: "We agree that people should be able to avoid being around secondhand smoke, particularly in places where they must go."

More evidence - vehicles most dangerous space for second-hand smoke inhalation..

Reference: Queensland ban on smoking in cars carrying children, MARISSA CALLIGEROS, Australian Associated Press, BrisbaneTimes.com.au, 10/30/2009.