can you smoke while driving?
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Can You Smoke While Driving?
Legal alone, but illegal with under 18s in the car, and it must not distract you. UK rules on smoking and vaping at the wheel.
Is it legal to smoke while driving? In the UK, smoking while driving on your own is not against the law in itself, but there are important exceptions and risks. It is illegal to smoke in a car carrying anyone under 18, and smoking, or vaping, can land you in trouble if it distracts you or affects your control of the vehicle. This guide sets out the rules clearly so you stay on the right side of the law and drive safely.
Quick answer
Smoking while driving alone is legal in itself, but it is illegal to smoke in a vehicle carrying anyone under 18, with a £50 fine for the driver and the smoker. Smoking or vaping that distracts you or obscures your vision can be treated as careless driving. Vaping is not covered by the under 18 law but is discouraged around children.
The basic position
If you are alone in your car, or with passengers who are all 18 or over, smoking while driving is not in itself illegal. The law does not ban the act of smoking at the wheel. However, that freedom comes with two big caveats, the under 18 rule and the wider duty to drive safely, both of which can turn smoking into an offence.
The under 18 rule
This is where the law is firm. Since October 2015 in England and Wales, and from December 2016 in Scotland, it has been illegal to smoke in a vehicle carrying anyone under 18. It applies even with the windows down or the sunroof open. Both the driver and the person smoking can be fined £50 each, and the driver is responsible for stopping others smoking too.
Smoking and vaping while driving
| Situation | Position |
|---|---|
| Smoking alone or with over 18s | Legal in itself |
| Smoking with anyone under 18 | Illegal, £50 fine for driver and smoker |
| Smoking that distracts you | Can be careless driving |
| Vaping with under 18s present | Not covered by the law, but discouraged |
| Vaping that obscures vision | Can be careless driving |
The safety angle
Even when it is legal, smoking or vaping at the wheel can become an offence if it affects your driving. If lighting up, handling a device, or a cloud of smoke or vapour distracts you or obscures your view, and you are judged not to be in proper control, you can be penalised for driving without due care and attention, which carries a fine and penalty points. In short, anything that compromises safe driving is a problem.
Legal does not mean risk free. Never smoke or vape with under 18s in the car, and never let it distract you or block your view at the wheel.
Myths and facts
| Myth | The reality |
|---|---|
| It is illegal to smoke while driving | Not in itself, unless under 18s are present or it affects your driving. |
| The under 18 rule only applies with the windows up | It applies even with windows or sunroof open. |
| Vaping with children in the car is illegal too | The specific law covers smoking, not vaping, though vaping around children is discouraged. |
| Smoke or vapour clouds are never a legal issue | If they distract you or block your view, it can be careless driving. |
Do and don’t
Do
- Never smoke with anyone under 18 in the vehicle
- Keep full control and clear vision at all times
- Pull over safely if you need to smoke or vape
- Be considerate of passengers
Try not to
- Smoke in a car with under 18s, even with windows open
- Let a device or cloud distract you
- Assume legal means risk free
Frequently asked questions
Can you smoke while driving?
Smoking while driving alone is legal in itself, but it is illegal to smoke with anyone under 18 in the vehicle, and it must not affect your driving.
What is the fine for smoking with children in the car?
£50 each for the driver and the person smoking, in England, Wales and Scotland.
Is vaping while driving illegal?
Not in itself, and it is not covered by the under 18 smoking law, but it can be careless driving if it distracts you or obscures your view.
Does the under 18 rule apply with the windows open?
Yes. It applies regardless of windows, sunroof or air conditioning.
Could I get points for smoking while driving?
You can be penalised for driving without due care and attention if smoking or vaping affects your control of the vehicle.
The bottom line
Smoking while driving alone is legal in itself, but two things change that, it is illegal to smoke in a vehicle carrying anyone under 18, with a £50 fine for the driver and smoker, and smoking or vaping that distracts you or obscures your vision can be treated as careless driving. Vaping is not covered by the under 18 law but is discouraged around children. The safest approach is never to smoke with young people in the car and never to let it affect your driving.
More help and related reading
If this guide raised other questions, the Help and Guidance library has plain English answers to many more. The closely related pages below are worth a look, and you can always return to the main hub to browse every topic we cover. For anything personal or about your own health, a GP, pharmacist or dentist can advise, and a free local stop smoking service can help if you want to reduce or stop using nicotine.
- Can you smoke in prison?
- Can you smoke on a cruise ship?
- Can you drive on CBD?
- Browse the full Help and Guidance library
Staying safe and legal at the wheel
The simplest way to stay both safe and legal is to treat anything that takes your attention or affects your view as something to avoid while driving. If you must smoke or vape on a long journey and there are no under 18s present, the safest option is to pull over somewhere safe rather than do it on the move. That removes any risk of distraction or an offence.
It is also worth being aware that the rules in this area may tighten. The government has been consulting on extending restrictions, including proposals around vaping in cars with children, so it is sensible to err on the side of caution and keep smoke and vapour away from young passengers regardless.
Quick reference
| Scenario | What applies |
|---|---|
| Alone, full control | Legal |
| Under 18 in the vehicle | Illegal to smoke, £50 fines |
| Distracted or vision obscured | Careless driving risk |
| Vaping with children | Not illegal, but discouraged |
| Unsure | Pull over safely |
A few more questions
Does the under 18 law apply to vans and taxis?
Smoking and vaping are banned in work and shared vehicles, and the under 18 smoking law applies to enclosed private vehicles.
Could smoking invalidate my insurance?
If you cause an accident because you were distracted, your insurer could take that into account, so safe control matters.
Might the rules change?
Possibly. The government has consulted on extending restrictions, so keep an eye on official guidance.
Key things to remember
- Smoking alone at the wheel is legal in itself
- Illegal with anyone under 18 present
- £50 fines for driver and smoker
- Distraction can be careless driving
- Pull over safely if in doubt
A quick word on safety and the law
Vaping and nicotine products are intended for adult smokers and existing vapers as a less harmful alternative to cigarettes. They contain nicotine unless stated otherwise, which is addictive, and they are not suitable for non smokers, pregnant women or anyone under 18. By law you must be 18 or over to buy vaping products in the UK, and we age verify every order. If you want to stop using nicotine altogether, your local stop smoking service offers free, tailored support.
UK public health bodies advise that vaping is substantially less harmful than smoking, but it is not risk free, and if you do not smoke the advice is not to start.
This guide is general information about UK rules as they currently stand and is not legal advice. Laws and individual policies can change, so for the definitive position always check official guidance or the relevant operator.
Need a hand?
Browse our full library of plain English vaping guides, or get in touch with the team if you have a question we have not answered yet.