Vaping and Driving – What To Know

by Jeffrey Buckley

Updated: August 2, 2020

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Table Of Contents

1. Is It Illegal to Vape While Driving?
2. Obstructed Windshield
3. Vaping and Driving With Kids in the Car
4. Careless or Reckless Driving
5. Assessing Careless and Reckless Driving While Using E-cigs
6. Texting and Driving vs. Vaping and Driving
7. The Confusion Is in the Language of the Law
8. False Reports About Vaping While Driving in the Us
9. Vaping and Driving in the UK. What Can Happen to You
10. Penalties for Careless Driving in the UK
11. Penalties for Driving and Vaping
12. What the Police Say About Vaping and Driving
13. E-cig Regulation Overreach
14. Vaping and Driving Guidelines

VapingDaily rates this claim as true but misleading. The headlines and media reports have created a narrative that a vaping in the car and driving law criminalizing vapers is now in effect. That is not true.

Is It Illegal to Vape While Driving?

There is no new vaping law specifically directed at vaping while driving. But at the same time, a vaper operating a vehicle is subject to the existing laws relating to careless driving.

As cloud chasing may block the observation area, this action can be potentially dangerous in combination with driving. Be aware!

There are several avenues a law enforcement official could take to issue a citation for vaping and driving. For example, every state has a law regarding texting and driving. In many states, the language of the texting and driving laws pertains to use of a “portable electronic device” while driving.

At least there has been one case of a driver charged for vaping while driving. A New York driver has been issued a ticket for vaping and driving because he was using a portable electronic device.

Obstructed Windshield

There are laws in every state regarding the condition and visibility of vehicle windshields. The laws include safety standards for windshields and require things like working wipers.

That makes sense. So asking is it illegal to vape and drive keep in mind the safety. While no specific law dealing with electronic cigarette vapor exists, almost all states have language in the law relating to “obstruction.”

Essentially anything that can obstruct the view may be considered a violation.

Alabama law: there cannot be any non-transparent material covering the windshield, side, or rear windows.

In Wisconsin: no items can be suspended between the driver and the windshield that could obscure vision.

These two examples of laws regarding driver visibility through a windshield are broad. There is some type of law restricting non-transparent material in every state. Many states have laws regarding “items” between the driver and the windshield. Vapor could potentially be deemed as a non-transparent material. Also, vapor could be argued to be an “item” that obscures vision. The level of obstruction is a judgment call for a law enforcement officer.

Cloud chasing in a vehicle to the extent that the view is obstructed could be cited as a violation according to windshield laws in every state. There are no reports of windshield laws being used to ticket vaping and driving, but the broad discretion given to law enforcement could potentially be used to ticket vaping and driving.

Vaping and Driving With Kids in the Car

In the United States, there are several states that have enacted laws that prohibit vaping and driving in cars with children.

In California for instance, it is illegal to smoke or vape in a vehicle with a minor. (The law originally was directed at smoking.) The State law distinctly includes electronic cigarettes in the category of tobacco products. Federally, electronic cigarettes are regulated as tobacco products.

If you are vaping and driving with a kid in the car, you can get a ticket and a $100 fine.

If it is prohibited by law to smoke in a vehicle with a minor inside the vehicle, do not vape.

All across the United States smoking bans most often include vaping. Likewise, laws that cover smoking in vehicles with children also include vapor products. Regardless of the law, common sense dictates that vapers should not vape with children in the car.

Careless or Reckless Driving

Careless driving — is a traffic offense punishable by fines or driver license point systems in various states.

Careless driving is considered more serious that texting while driving and the fines can be severe. If the police notice a vaper trying to fill a vape tank, adjusting the settings on a box mod, or cloud chasing to the point of an obscured view while driving, a careless driving charge might result.

Reckless driving — is driving with a wanton disregard for safety and the rules of the road.

Reckless driving is more severe than careless driving and carries stronger penalties. In fact, the penalties can include the loss of driving license, fines, and even jail time. Most often, reckless driving charges are filed for street racing and excessive speeding.

Assessing Careless and Reckless Driving While Using E-cigs

Both reckless driving and careless driving have discretionary criteria that could potentially be applied to vaping and driving under extreme circumstances. Speeding in a vehicle that is clouded by a vapor is likely to draw the attention of a cop on patrol. If a driver is vaping when involved in an accident, a charge of careless driving could be applied. Unless a vaper is driving at an excessive speed or doing something high risk, a reckless driving charge is unlikely but not impossible.

Vaping is just one of many potential activities that could draw the attention of the police. Once again, it is the broad discretion that law enforcement has that vapers need to be aware of.

For example, if a driver is swerving while fumbling with refilling a tank while behind the wheel, a police officer can make a case for careless driving. Drivers need to be responsible for full control of their vehicle when driving. There has been no reported rash of citations for vaping and driving in the United States, but any driver who vapes on the road needs to be sure to follow the rules of the road and drive safely!

Note that none of the devices described above appear to pertain to an electronic cigarette. In the New York case, the officer stated that the ticket is valid because the driver was using a portable electronic device. And the judge in the case agreed. The texting and driving laws across the country may or may not be used to prosecute vaping and driving. Unfortunately, there is not a lot of clarity to govern vaping while driving.

Texting and Driving vs. Vaping and Driving

While the New York case is an example where texting and driving laws were used to prosecute a vaper, there are many reports to the contrary. Vapers have reported being pulled over for using a mod while driving because police officers mistook a mod for a cell phone.

In those reports, the officers explained that they thought the vaping device was a cell phone and immediately let the drivers go once they recognized that it was a vaping device, not a mobile communication or computing device.

The Confusion Is in the Language of the Law

Most states expressly connect texting and driving laws to portable communication and computer devices. There are no laws targeting vaping and driving.

In the New York case, a judge held that a vape could be qualified as a banned device based on the general descriptions outlines in the law.

In other cases, law enforcement has determined that a vape is not covered by texting and driving laws. The question of whether or not texting and driving laws can be used to ticket a driver using an e-cig is an open one.

Reports of vapers charged for using a portable electronic device under texting while driving laws are rare. There is no pattern or suggestion that vapers are ticketed on a regular basis. It is safe to say that police are not actively seeking to cite and fine vapers. But the possibility remains that texting laws of distracted driving laws may be applied to vaping, and a judge may agree.

The laws leave ample room for a wide interpretation. In fact, other driving infractions that could potentially be applied to vapers.

False Reports About Vaping While Driving in the Us

About a year ago, several headlines reported that 11 states were planning on banning vaping and driving. That was fake news. The story claimed that 11 stated in conjunction with the US Department of Transportation were banning the use of electronic cigarettes in a vehicle. The story said that the D.O.T. was pressuring states to ban vaping and driving.

Many vapers were understandably upset. The story was quickly debunked.

Vaping and Driving in the UK. What Can Happen to You

The specific law that applies to all drivers is careless driving, also called driving without due care and attention.

As per a recent string of screaming headlines, the public is being informed that vaping and driving in the UK could lead to a £2,500 (USD 3,500) fine and a loss of license. Is this true?

Careless driving is an offense that is committed when “the accused’s driving falls below the standard expected of a reasonable, prudent and competent driver in all the circumstances of the case.”

The Careless Driving Law in the UK Highway Code:

Police can make a judgment whether or not any specific activity causes the driver’s competence to dip below reasonable standards. Any penalties imposed will depend on aggravating factors.

Penalties for Careless Driving in the UK

Much like the charge itself, the penalties for careless driving are open to discretion. The court has a vast range of discretion when determining an appropriate penalty. It is possible that vaping while driving could lead to the maximum penalties but only if aggravating factors are present.

As an example, a first offense is very unlikely to draw a maximum penalty. The Sentencing Council for England and Wales has issued guidelines for penalties for careless driving.

The Maximum Penalties for Careless Driving, Including Vaping and Driving

To the Contrary, There Are Mitigating Factors That Give the Judge Discretion to Impose More Lenient Penalties:

Penalties for Driving and Vaping

The penalties for vaping and driving are governed by the penalties for careless driving. Therefore, it cannot be stated that vaping while driving will lead to maximum fines and loss of license. Once again, there is no specific law targeting vapers. If a vaper is cloud chasing behind the wheel to the point of obscured vision, then a charge of careless driving would be warranted. Any subsequent penalty would be determined by sentencing guidelines.

Any person who is distracted in any way could be guilty of an offense. Whether that be smoking, vaping, or eating.

What the Police Say About Vaping and Driving

Ultimately, the headlines of maximum fines and penalties for vaping and driving are misleading. Vapers need to operate a vehicle safely just as everyone else is required.

About driving while vaping Davis further explains “a scenario where someone could potentially be either distracted or have reduced visibility then there is potential for a crash, but it is certainly not something we have come across. Whereas mobile phone distraction is a regular distraction, we come across in fatal/serious collisions.”

The concerns that public safety officials have are related to all types of driving distractions. The laws discussed apply to all kinds of distractions. For example, Sergeant Davis mentioned visibility about vaping. That is a legitimate concern. But vapers should not feel specifically targeted.

Surrey police also ran a Twitter promotion this past winter with the hashtag
‘#Don’t drive like an icehole.’ If a driver is operating a vehicle with frosted windows that obviously impair visibility, then it is driving without due care and attention.

Cloud chasing while driving can be considered an offense. A vaper who is attempting to make liquid refill while driving would be subject to the same laws and penalties as someone who is texting while driving. Police and the courts will approach vaping and driving with the same common sense safety standards that are applied to all driving distractions including smoking, texting, fiddling with a coffee cup, and the list goes on.

E-cig Regulation Overreach

Many in the vaping community are rightfully concerned about harsh regulation that does target vapers. For UK vapers who are concerned about overreach in e-cigarette regulations, UKVIA is actively advocating responsible and proportionate legislation. The UK Vaping Industry Association is working to ensure that vaping is not specifically targeted.

In the US vaping in a car is not officially prohibited, however local laws (varying from state to state) can limit vaping-allowed places.

The headlines about the law targeting vaping and driving are misleading. There may very well be new UK vaping laws forthcoming, and it is important for the vaping community to stay on top of new developments. Vapers should keep in mind basic laws and look for “no vaping” sign to avoid problems.

Vaping and Driving Guidelines

Be aware that following these vaping and driving guidelines is not a guarantee that you will never get a ticket. It is highly unlikely that you will get a ticket, but like the case in New York teaches there is a possibility that an aggressive officer could make a case that simply taking a vape while at the wheel qualifies as use of an electronic device. The scenario may depend on the wording of the texting and driving laws in your state.

Generally speaking, vaping responsibly and driving responsibly at the same time is probably fine. If a driver is clearly in full control of the vehicle, then it is improbable that there will be an issue. Make sure you are aware of the laws in your area and vape responsibly.
Anytime an individual is operating a motor vehicle, that privilege comes with responsibility. Vapers are subject to those responsibilities. Sergeant Carl Knapp of the UK Sussex Roads Policing Unit says,

There are no laws prohibiting vaping while driving; however, you need to be in full and proper control of your vehicle at all times. If you are going to vape, I advise that you open your windows and blow the vapor directly out, just ensure that you are in full control of your vehicle before doing so.

Each of these guidelines is common sense and ensure that individuals are focussed on their driving. Avoid being charged with careless driving and most importantly, drive safe and avoid accidents. Vape responsibly.

Jeffrey Buckley

I was a smoker for over 25 years. In this time I also earned my medical degree with a specialization in addiction treatment and counseling. That period has led me to vaping, my interest started around 2011. I’m fighting the tide of hysteria and dis-information around vaping that emanates from various fronts legislative, cultural and scientific. Having scientific councils support, I’m happy to contribute my thoughts, articles, and expertise.

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