Cigarette ban
Cigarette ban in cars fails to fire
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Fines issued to almost 300 smokers for lighting up in cars with children have not been worth the paper they are written on, thanks to a legal loophole.
Although 292 smokers were hit with $239 on-the-spot fines under the Brumby government's laws, police were powerless to force anyone challenging their fine to pay because of an error in the legislation which prevented them being lodged with the Infringement Court.
However, with the public unaware of the glitch, no Victorians challenged fines issued between January 1 and December 31 last year.
And they will now lose any chance of escaping their fines with the Coalition set to close the loophole with a retrospective amendment to be made in parliament this week.
Health minister David Davis said it was difficult to believe Labor introduced flawed legislation after being pressured by the Coalition to make the laws in the first place.
It became illegal to smoke in any vehicle with a passenger under the age of 18 in Victoria on January 1, 2010 after both sides of politics supported the move.
(Published by Herald Sun - June 14, 2011)