Whether you’re a smoker, a vaper, or simply curious about the rules of the road, you’ve probably wondered: Is smoking and vaping while driving illegal in the UK?
The answer might surprise you – it’s more nuanced than a simple yes or no.
Let’s clear the air (pun intended) and explore everything you need to know about smoking and vaping behind the wheel.
Is It Illegal to Smoke and Drive?
Here’s the short answer: no, it’s not illegal to smoke whilst driving in the UK – but some very important exceptions and considerations could land you in hot water.
Whilst there’s no specific law that says “you cannot smoke and drive,” the key issue is whether smoking or vaping affects your ability to drive safely.
Under the Road Traffic Act, you can be charged with driving without due care and attention if smoking or vaping causes you to drive in a manner that falls below the expected standard of a careful and competent driver.
When Smoking Becomes a Driving Offence
Picture this: you’re lighting up, the lighter won’t work, you drop it, or ash falls onto your lap. Your attention is diverted from the road for just a few seconds, but that’s all it takes. If a police officer observes you driving erratically or dangerously while smoking, you could face penalties.
The charge of driving without due care and attention is no joke. You could receive:
- A fine of up to £100
- Three penalty points on your licence
- In more serious cases, a court appearance and higher fines
The Rules About Smoking in Cars with Children
This is where the law becomes crystal clear. Since October 2015, it has been illegal to smoke in vehicles carrying anyone under the age of 18 in England and Wales. Scotland introduced similar legislation in 2016, and Northern Ireland followed in 2017.
This applies regardless of whether the windows are down or the sunroof is open. The rules are designed to protect young people from the harmful effects of second-hand smoke in the enclosed environment of a car.
If you’re caught smoking in a vehicle with someone under 18, both the driver and the smoker (if they’re different people) can be fined £50 on the spot. The driver is responsible even if they’re not the one smoking.
Is It Illegal to Smoke in a Company Vehicle?
If you use a company car, you need to be aware of additional restrictions. Under workplace smoking legislation, it’s illegal to smoke in any vehicle used primarily for work purposes if it’s used by more than one person. This applies even if the other person isn’t in the car at the same time as you.
Company vehicles that fall under this rule include:
- Delivery vans
- Pool cars
- Any vehicle used by multiple employees for work
The employer can be fined up to £2,500 if they don’t display no-smoking signs in qualifying vehicles, and individual smokers can be fined up to £200.
Is It Illegal to Vape While Driving in the UK?
Vaping sits in a similar grey area to smoking when it comes to driving. Is it illegal to vape and drive? Not explicitly – but it can be if it impairs your driving ability.
The primary concern with vaping whilst driving is the potential for large clouds of vapour to obscure your vision.
If you produce a thick cloud that blocks your view of the road, other vehicles, or pedestrians, you could be pulled over and charged with driving without due care and attention.
Can You Vape with Kids in the Car?
Unlike smoking, there’s currently no specific law prohibiting vaping in vehicles with children present in the UK. However, this doesn’t mean it’s advisable. Many health experts recommend avoiding vaping around children due to concerns about nicotine exposure and the unknown long-term effects of second-hand vapour.
Additionally, if vaping in a car with children causes you to drive carelessly, you could still face driving offences related to your impaired driving ability.
Smoking and Vaping Road Safety
Whether you smoke or vape, here are some practical tips to stay safe and legal on UK roads:
Plan ahead: If you need to smoke or vape, consider pulling over safely at a service station or layby rather than doing so whilst driving.
Keep it minimal: If you do choose to smoke or vape whilst driving, keep it brief and ensure it doesn’t impair your ability to control the vehicle.
Mind your passengers: Never smoke in your car if you’re carrying anyone under 18, and be considerate of any passengers who don’t smoke or vape.
Company car users: Check your employer’s policy and be aware of the legal restrictions on smoking in shared work vehicles.
Stay in control: If handling a cigarette or vape device is distracting you from driving properly, it’s not worth the risk.
What’s the Verdict on Smoking and Vaping in a Car?
So, is it against the law to smoke and drive? Not in itself, but it can quickly become illegal if it affects your ability to drive. The same applies to vaping and driving. The key is to ask yourself: Am I in full control of my vehicle?
UK driving laws are ultimately about maintaining road safety for everyone. Whilst you might not be breaking a specific law by smoking or vaping, any behaviour that leads to driving without due care and attention is a driving offence with real consequences. This is similar to how drink driving laws work; it’s not just about whether you’ve had a drink, but whether it impairs your ability to drive safely. Learn more about UK drink driving laws and limits.
Remember, points on your licence can affect your insurance premiums and, ultimately, your ability to drive. Is it really worth the risk?
Stay safe on the roads, and if in doubt, wait until you’ve reached your destination.
This information was accurate at the time of writing.
