Smoking in cars law difficult to enforce

SUMMERSIDE - Local authorities have found a new law governing smoking in cars is hazy at best.
Changes to the province's Smoke Free Places Act late in 2009 prohibit lighting up in a motor vehicle when anyone under 19 years of age is present.
Cpl. Kent MacKay of the East Prince RCMP said while the law is a good idea, it's difficult to enforce.
"It's not difficult to enforce if you witness it, but it's very difficult to enforce if you don't," MacKay said. "Even to determine if a person under 19 is present in the vehicle while someone's smoking is very hard."
MacKay said he hasn't seen any files come across his desk where the smoking fine was levied since the amendments were made to the act. The fine can range from $100 to $2,000 depending on the smoker's prior driving record.
Summerside police Chief Dave Poirier said his department has handed out "very few" fines under the new legislation.
He hopes the combination of the smoking law and the cellphone ban, which should be enacted by late January, will force drivers to be more conscientious.
"We've been waiting for the cellphone legislation for some time, and we're hoping even our own (officers) will pull over to the side of the road or to a safe place if they have to make a call or text message," Poirier said. "It's scary to see people having a smoke, talking on a cellphone and juggling a coffee while they're driving. With these laws, everyone will be wary of it."
Many police officers carry cellphones while on duty, he added, which could lead to the department purchasing hands-free devices like Bluetooth headsets.
MacKay hopes drivers knowing the laws exist will reduce the need for police intervention.
"Before the legislation... society had already changed significantly and the vast majority of smokers don't smoke with a child in the car," he said. "Like most laws, we're hoping people will abide by them out of common sense."