All road users must follow the law or face hefty fines and more severe repercussions

Millions of people across the UK smoke and some do so while driving (Image: Getty )

When driving a car there are plenty of rules and laws you should be aware of and follow. It’s important to drive considerately, adapting to road conditions and being aware of other road users.

All road users should follow the Highway Code, these are set of rules for motorists, cyclists and pedestrians and road safety. You must do several things before you drive a car or ride a motorcycle. These include getting a driving licence, registering, insuring and taxing your vehicle, and getting an MOT.

When inside of a car there are guidance and rules that apply, If you do not meet your obligations, you may be taken to court or have to pay a fine.

Millions of people in the UK vape or smoke cigarettes, and many do so when getting behind a wheel. Advice on Gov.uk says: “It is illegal to smoke in a car (or other vehicle) with anyone under 18.

“Both the driver and the smoker could be fined £50. The law applies to every driver in England and Wales, including those aged 17 and those with a provisional driving licence.”

The law applies to:

  • any private vehicle that is enclosed wholly or partly by a roof
  • when people have the windows or sunroof open, or the air conditioning on
  • when someone sits smoking in the open doorway of a vehicle

Gov.uk warns: “Every time a child breathes in second-hand smoke, they breathe in thousands of chemicals. This puts them at risk of serious conditions including meningitis, cancer, bronchitis and pneumonia. It can also make asthma worse.”

In a poll by the UK’s largest independent road safety charity, IAM RoadSmart, 57 per cent of smokers with a full driving licence surveyed said they draw on a cigarette or vape while driving.

Drivers could be set back with a £100 fine for careless driving if the police conclude that the driver failed to properly control their vehicle because they were smoking.

Motoring company Arnold Clark says: “Although smoking or vaping while driving itself is not illegal, smoking in a vehicle with a roof with anyone under the age of 18 is prohibited.

“Motorists who are distracted by cigarette or vape smoke can be prosecuted for driving without due care and attention. The plume of smoke can hamper a driver’s vision and result in an accident.” The current UK law does not ban smoking or vaping in vehicles.

However, if smoking distracts you, leading to unsafe driving, you could be charged with careless or dangerous driving. The Highway Code lists smoking as a potential distraction to avoid while driving.

Currently vaping while driving isn’t specifically illegal. However, large clouds of vapour could obscure your vision, which might result in a fine for driving without due care and attention

It’s recommended to wait to smoke or vape 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.



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