Maybe old smokie was concerned about getting grief from pedestrians hell-bent on regulating everybody elses behaviour and took their chance with the traffic, little realising that busy bodies had that covered too.
There was probably a car parked over the dropped curb. I completely agree with naomi, anyone who has pushed someone in a wheelchair will know why thy were using the road. Its still legal to smoke outside so keep your outrage to yourself I future!!
Perhaps the DVLA have brought out another new rule?
No smoking whilst pushing a wheelchair on the road.
I just hope they weren't on their mobile phone as well!