Who's had enough of cigarette smoke around the entrances to railway stations?

[Cam]

I've had enough of holding my breath when accessing railway stations.

The are stations with narrow pathways/footbridges leading to the station entrance. Some of the pathways are fenced in or have a hand rail & garden bed on the other side so it is difficult to avoid the congregation of smokers on the approach to the station entrance.

The laws regarding smoking on approaches to railway stations are either not adequate or they are not being enforced. Does anyone know what the laws are?

[SurfRail]

You'll have a bit of struggle with this seeing it's quite often the station staff who are doing it...

[HappyTrainGuy]

The law is no smoking on the private/government property so the enterances are the usualy places for people to go smoke as its less for them to walk and where bins are usually located. For legal reasons you can't tell smokers to go away from enterances as the footpaths are in the public domain. No different than having someone sitting down smoking on your front footpath. You have no legal power what so ever to tell them to move on.

[SurfRail]

The law is no smoking on the private/government property so the enterances are the usualy places for people to go smoke as its less for them to walk and where bins are usually located. For legal reasons you can't tell smokers to go away from enterances as the footpaths are in the public domain. No different than having someone sitting down smoking on your front footpath. You have no legal power what so ever to tell them to move on.

Correct.  The only people who can enforce the various smoking exclusion areas (eg within 4 metres of the entrance to a building) are council or state government officers.  If you are on private land, different story.

[Cam]

The law is no smoking on the private/government property so the enterances are the usualy places for people to go smoke as its less for them to walk and where bins are usually located. For legal reasons you can't tell smokers to go away from enterances as the footpaths are in the public domain. No different than having someone sitting down smoking on your front footpath. You have no legal power what so ever to tell them to move on.

Correct.  The only people who can enforce the various smoking exclusion areas (eg within 4 metres of the entrance to a building) are council or state government officers.  If you are on private land, different story.

I think that there should be an exclusion zone within 10 metres of a railway/busway station entrance & bus stops as well as fenced paths, paths with a hand rail & ramps that lead to a railway/busway station entrance.

Basically, smoking shouldn't be allowed in a confined space - that which someone can't walk around the smoke to get to their destination. Walking 2 or 3 metres away from someone smoking doesn't ensure that you don't breath in any of it.

I think that some of the entrances & access paths to railway stations are on QR property anyway. What's QR's policy on smoking within their property? Perhaps smoking shouldn't be allowed on paved areas within QR property.

[HappyTrainGuy]

C'mon be serious now. There is no way that can be enforced and would bring up so many issues with the definition of the law across multiple jurisdictions state wide. You might as well make it illegal for people to get on the bus or train that have smoked because their in a confined space.

[somebody]

Or ban smoking on public property.  We will probably eventually get there.  Smoking is banned on the Queen St mall now. 

If you can have no smoking with x metres of an entrance to a building, why would it be more difficult to have no smoking within x metres of a station entrance?

[Cam]

C'mon be serious now.

I am serious. I shouldn't have to hold my breath just near the entrance of a railway station most mornings because of inconsiderate people smoking in thoroughfares.

[HappyTrainGuy]

Because most stations and bus stops aren't set up the same as buildings are. The majority of building exits are still on their property. There are multiple enterances that exit onto multiple property boundries such as footpaths, public parks, private properties and roads. The pathway to Bray Park is a confined space yet you can't enforce no smoking rules there as its not a station enterance and its not on QR property ie public footpath. Or take Virginia Railway station. Prior to the fence going up you would have assumed that all the space from the platform to the overpass was QR property when its not. All it does is open a can of worms as to legal liability and definitions. He was walking down the only footpath beside the station smoking. One could argue he was at the enterance to the station and another can argue he was on a public footpath.

And for the record I'm not a smoker.

[somebody]

Most buildings where people might be smoking at the doorways do indeed open up on to public property, I'd say.

There is no "it can't be done" here.

[Cam]

Most buildings where people might be smoking at the doorways do indeed open up on to public property, I'd say.

There is no "it can't be done" here.

I think that most people who smoke whilst walking in street shopping areas unknowningly break the law regularly. I'm yet to see someone who is smoking whilst they walk within 4m of shop fronts alter their path when they near (within 4m) a shop door to avoid being in the exclusion zone.  In some areas where there is 4m or less of footpath between the road & the shop fronts, someone smoking whilst walking along the footpath would legally have to walk out onto the road around shop doors to avoid encroaching on the 4m exclusion zone.

Perhaps the current exclusion zones need to be painted on the footpaths around doors to educate smokers of the law.

[SurfRail]

Most buildings where people might be smoking at the doorways do indeed open up on to public property, I'd say.

There is no "it can't be done" here.

Oh indeed, I agree.  There's just no feasible enforcement mechanism.  There are enough pointless and unenforceable laws as it is.

Gradually, I think the increasing public disdain for smokers will do the job.

[ghostryder]

All
Down here in NSW the situation has changed in regards to smoking on the station or near it. There is an automated announcement that makes it clear on that it is now illegal to smoke in under awnings and covered sections of station and waiting areas, on the Xpt they have fitted smoke detectors in all sections of the Xpt car that cut the A/C to the car should someone light up in the toilet or the doorways at the end of each car. Should the A/C get switched off by a smoke alarm it cant be restarted from the inside so it puts more pressure on the smoke to do the right thing. Also i have seen Countrylink staffers crack down on the habit of smokers jumping off at ever station to have a quick cigarette. As this has seen numerous services delayed rounding up smokers.

scott

[Derwan]

There's just no feasible enforcement mechanism.  There are enough pointless and unenforceable laws as it is.

Gradually, I think the increasing public disdain for smokers will do the job.

Why the emphasis on it being enforceable?  Just make the rule and put the signs up.  Or do we assume that all smokers are completely disrespectful of the law?  For those who are completely disrespectful, your second paragraph will provide the enforcement.