Q1. Can taxi drivers smoke in the cabin without passengers? How about drinking and eating?
Can taxi drivers smoke in the cabin without passengers?
No, a taxi driver cannot smoke even without passenger. No person shall smoke or carry a lighted cigarette, cigar or pipe in a public transport carrier, except that the registered taxi has been hired to any person under Regulation 38 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D), under Schedule 1(4) of the Smoking (Public Health) Ordinance (Cap. 371): see Section 4 of the Smoking (Public Health) Ordinance (Cap. 371).
A public transport carrier includes taxi: see Section 2 of the Smoking (Public Health) Ordinance (Cap. 371).
There is no reason why taxi drivers themselves are exempted from Section 4 of the Smoking (Public Health) Ordinance (Cap. 371) as “no person” shall include the taxi drivers as well.
Any person who contravenes Section 4 of the Smoking (Public Health) Ordinance (Cap. 371) commits an offence and is liable on summary conviction to a fine at $5,000: see Section 7(1) of the Smoking (Public Health) Ordinance (Cap. 371).
How about drinking and eating?
Yes. There are no provisions under the Road Traffic (Public Service Vehicles) Regulations (Cap. 374D) prohibiting taxi drivers from drinking and eating on a taxi.