A South Yorkshire Police officer has been snapped smoking a crafty cigarette at the wheel of his riot van – breaching new anti-smoking legislation.

The copper was caught having a sneaky fag in the police vehicle on Shepcote Lane near the M1 roundabout next to the Tinsley viaduct in Sheffield.

Under new legislation which bans smoking in workplaces it is illegal to smoke in the cabs of vans which are classed as places of work and are used by more than one person.

A 28-year-old delivery driver, from Richmond, Sheffield, was a passenger in his works lorry when he saw the officer and snapped him on his mobile phone. He said: "We couldn't believe it when we saw him. We drove past him once, and then we slowed down and let him pass us, which is when I took the picture.

"We can't smoke in our works lorry because it's against the law – and yet here's someone who's meant to uphold the law smoking in his works van!

"If I had been smoking and he had pulled me over I would have got an on-the-spot fine, a disciplinary at work, and maybe even points on my licence."

The driver contacted the police who said the officer would be 'given a talking to'.

A South Yorkshire Police spokesperson said: "The local authority, not South Yorkshire Police, is the enforcement authority regarding this law.

"The matter has been referred to us and we are in consultation with the local authority in respect of any future action against the officer. Once a decision has been made, we will consider any possible misconduct matters arising."