UP IN SMOKE
Is it illegal to vape in the car and can I be fined for using an e-cigarette? Rules for smoking electronic cigarettes
You could be in big trouble if you use your vape under some circumstances
DRIVERS caught vaping or using e-cigarettes behind the wheel have been warned they could face a hefty penalty, especially if clouds of vapour obscure their vision.
But even if you're not surrounded by a cloud of vapour because you have a window open, is it still illegal to vape while driving?
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Is it illegal to vape in the car?
While vaping isn't illegal, drivers who are distracted by e-cigarette smoke can be prosecuted for driving without due care and attention.
The vape clouds can produce similar visual impairments to glare from the sun, which can often cause fatal accidents.
How much can I be fined for using an electronic cigarette in my car?
Police can hit you with a £100 on-the-spot fine and three penalty points if they believe the clouds of smoke impact your ability to drive safely.
And in more serious cases, or those contested in court, the charge can attract a maximum £5,000 fine, up to nine penalty points and even a court-imposed driving ban.
The practice can also impact your insurance if you're involved in an accident.
Insurers aren't likely to cover any damage or injuries sustained in a crash if your vision is impacted by a plume of smoke.
Can I be fined for using an e-cigarette?
The law in England and Wales does not ban vaping in vehicles, but it certainly does prohibit smoking in a car.
Whether you're the driver or a passenger, if there are people in the car who are under 18.
If the driver is not the smoker, both could be fined £50.
Before the election was announced, Prime Minister Rishi Sunak said that disposable vapes would be banned to tackle the rise in youths taking up the habit.
Is vaping better than smoking?
Trading standards officers will be able to dish out on-the-spot fines to shops illegally selling vapes to kids, on top of the £2,500 penalty currently imposed by councils.
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Why is vaping while driving dangerous?
More than three million people in the UK use e-cigarettes, many of them while behind the wheel.
Nick Lloyd, head of road safety at Royal Society for the Prevention of Accidents, said: "Distracted driving is a leading cause of road accidents in the UK.
"Any secondary activity which takes eyes off the road is potentially dangerous.
"As well as being a physical distraction, vaping while behind the wheel can create visibility problems if clouds of vapour are produced.
"Although it is not currently prohibited in law, drivers choosing to vape while on the road is a growing and concerning trend.
"If using an electronic cigarette whilst driving causes a motorist to become involved in a collision, then the activity could be considered careless driving - which is an offence."
Are passengers allowed to vape?
The Children and Families Act 2015 made smoking in cars with children (defined as being under 18) an offence.
The rules don't apply to e-cigarettes though.
So car passengers can vape, but it is worth remembering not to obscure the driver's vision with the smoke and best to keep a window open.
The same laws that penalise drivers for having a windscreen or windows obscured by dirt or snow, for instance, can be applied to those whose view is obstructed by vape smoke.
In the UK, this law falls under Section 41D of the Road Traffic Act 1988, and it carries a fine that can range up to £2,000.
Moreover, should an accident occur as a result of this impaired visibility, it can be considered as 'careless driving,' which carries even more serious consequences, including larger fines, higher insurance premiums, or even a driving ban.
What else you can be fined for?
Driving offences encompass a wide variety of violations, typically categorised into two main types: dangerous driving and careless or inconsiderate driving.
Dangerous driving
This offence occurs when the quality of driving is significantly below what is expected of a competent and careful driver, potentially putting the driver or others at risk.
- Speeding, racing, or aggressive driving
- Ignoring traffic signals, road signs, or passenger warnings
- Dangerous overtaking manoeuvres
- Driving under the influence of alcohol, drugs (including prescription medication)
- Driving while physically unfit due to injury, impaired vision, fatigue, or not taking necessary medication
- Operating a vehicle known to have critical faults or an unsafe load
Distractions also contribute to dangerous driving, such as:
- Using handheld devices
- Reading or map consultation
- Conversing with or looking at passengers
- Lighting cigarettes, selecting music, or adjusting the radio
Careless or inconsiderate driving
Careless driving, also known as driving without due care and attention, involves driving that falls below the required standard, without reasonable consideration for other road users. This can include:
- Undertaking or overtaking improperly
- Following too closely behind another vehicle
- Accidentally running a red light
- Cutting off other vehicles
- Getting distracted by activities like tuning the radio or lighting a cigarette
- Using headlights to intimidate other drivers into yielding
- Incorrectly using lanes to overtake or gain an advantage
- Remaining in an overtaking lane unnecessarily
- Driving excessively slowly or braking without need
- Using full beams that dazzle other drivers
Driving under the influence
While driving under the influence of alcohol or drugs is a distinct offence, it may also fall under dangerous or careless driving.
Other offences
It is illegal to:
- Drive without a valid driver's licence for the vehicle class
- Drive without insurance
- Operate a vehicle without a valid MOT certificate
- Drive while disqualified
Mobile use
Using a mobile phone or handheld device while driving is specifically prohibited, but it can also be categorised as dangerous or careless driving.
Penalties for these offences may include points on your driver's licence, fines, or even licence suspension, particularly if the driver is within two years of passing their driving test.
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