While there are plenty of rules when it comes to lighting up a cigarette, the rules around vaping can be slightly confusing for UK drivers
While the Highway Code doesn’t specifically outlaw smoking or vaping while driving, it’s recommended to wait until you’ve safely pulled over or finished your journey. This is because these activities, if coupled with poor driving or leading to an accident, could result in a charge of careless driving or not being in proper control of the vehicle.
Vaping has surged in popularity across the UK, and while there are clear regulations for smoking cigarettes, the rules around vaping can be somewhat perplexing for drivers. The question arises: Is it illegal to vape while behind the wheel, and what are the consequences if you’re caught?
Nicotine expert Markus Lindblad from Northerner sheds light on the legalities of vaping while driving, reports the Mirror. On the legality of vaping while driving, Markus said: “When the rules were implemented, vapes weren’t around, so whilst the rules don’t specifically state that it’s illegal to vape in the car, it does state that anything that’s seen to be restricting a driver’s view, such as smoke clouds, can be liable for enforcement.”
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Markus warned drivers about the risks of vaping behind the wheel, he said: “If you’re driving and the police notice you’re vaping, you can be fined up to £100 on the spot. However, depending on the seriousness of the case, if you’re caught vaping and end up in an accident, then you could be facing a fine of up to £5,000, nine penalty points, and even a court-imposed driving ban.”
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On whether passengers can vape, he added: “There are no laws to say passengers aren’t allowed to vape in the car. However, they should ask the driver permission first so they are able to assess the situation to avoid it affecting their visibility in any way. It’s probably advised that anyone vaping in the car should make sure that the driver’s visibility isn’t affected by the smoke clouds and that windows can also be opened too.”
The AA highlighted the importance of avoiding distractions such as smoking while driving, referencing Rule 148 of the Highway Code.
The AA further explained that in England, company vehicles must be smoke-free if they carry members of the public or employees, and in Scotland, Wales, and Northern Ireland, it’s illegal to smoke in any work vehicle unless it’s a personal car.
Additionally, the AA mentioned that the Children and Families Act 2015 made it an offence to smoke in cars with children present, but clarified that these rules do not extend to e-cigarettes. They also noted that failing to prevent smoking in a smoke-free private vehicle in England and Wales could lead to a fixed penalty notice of £50.