BUSINESSES are being urged to question the motives of staff requesting the latest hot' convertible company cars this summer - it may not be simply to feel the wind in their hair.

It could be to enjoy the smoke in their lungs, according to fleet management company Masterlease.

Under a current loophole in the Department of Health guidelines ahead of the smoking ban set to take effect on July 1, convertibles could become the hot' accessory of the summer because - unlike other company cars - they currently fall outside the new law if drivers light up with the roof down.

Masterlease has criticised the anomaly for creating a further fog of confusion for businesses that would be liable for drivers caught breaching the ban.

The company is calling on all businesses to self regulate their employees by introducing a smoking moratorium among their drivers, regardless of the car that they drive.

Masterlease believes the Government should and could close the topless' loophole ahead of July. It also claims that prohibiting smoking would also save businesses money.

The loophole surrounds the wording substantially enclosed' areas in the Health Bill.

A Department of Health spokesman said that convertible cars were a grey area, but the Government would look again at the regulations to ensure they covered all work-related areas.

Currently other company cars used by two or more people - even when they are not in the vehicle - are included and it does not matter if all occupants of the car or van smoke or do not mind.

Bosses can possibly get round the ban by refusing to allow other staff into the car for business, but this will increase risk, cost and a company's carbon footprint as staff would have to use another vehicle to go to the same meeting.

Drivers in company cars caught smoking face a fixed penalty fine of up to £50, and up to £200 for failing to display a proper sign. Companies face fines of up to £2,500 if they fail to prevent smoking in a smoke-free vehicle.