A painter and decorator has been fined £30 for smoking in his own van because it was deemed to be a workplace.
Gordon Williams, 58, of Llanafan, near Aberystwyth, west Wales, was on the way to buy teabags for his wife when he incurred the on-the-spot fine.
He claims the van is insured as a private vehicle and he only uses it to travel between jobs. He has lodged an appeal with Ceredigion county council.
"Of course there are tools and things in the van, but a barrister would carry about documents in a briefcase in his own car. This is no different to my mind," he said.
Williams had lit up after being stopped by police for a routine road worthiness check. A council official approached him and handed him the fixed penalty notice.
The self-employed painter and decorator said he had gone to the garage to buy teabags for his wife and was not travelling to work.
"I take the wife shopping in the van. It is my private vehicle as well as my work van. I was just having a cigarette and causing no bother to anyone else. But this is like big brother is watching you."
A passenger in his van, who had also just lit up, received a £30 fixed penalty notice as well.
A spokesman for Ceredigion county council said that it would be inappropriate to comment on individual cases.
link:www.guardian.co.uk/uk/2008/jul/25/smoking