Smoking Ban In Cars FAQ

From October 1st, smoking in cars will be banned if transporting someone under 18 – but for smokers and non-smokers alike, what are the ins and outs of the law and will it be enforceable?

To tackle some of the common (and less common) questions about the ban, we’ve pulled together a FAQ about the new legislation:

“What are the basics of the law?” It will be illegal to smoke in a private vehicle if anyone under the 18 is present. If you are caught smoking – whether you are the driver or the passenger – you will be issued with a fixed penalty notice of £50. These rules apply to provisional drivers as well.

“£50? I thought the fines were going to be more than that.” It will be up to enforcement officers to use their discretion – they may simply issue you with a warning or hand out that £50 fixed penalty notice but they also have the power to refer your offence to the courts.

“But what if a passenger is smoking and not the driver?” Then the passenger can be fined as well as the driver who should have stopped them from smoking in the first place; in effect, you could actually be done twice!

“But what if I am 17 and caught smoking while driving?” You can still smoke as long as you don’t have someone under 18 in the car.

“Any loopholes a smoker might be tempted to exploit?” In a word, no – having the air con on or the windows or sunroof open or even sitting in the open doorway of the vehicle will still see the smoker being handed a fine.

“Over 430,000 children aged 11-15 in England are exposed to second-hand smoke in their family cars at least once a week.” – British Lung Foundation

“Are there any exceptions to the rule?” If the smokers owns a convertible car and has the roof down, then they can light up.

“But what about, say, motorhomes or campervans?” The law still applies if the motorhome is being used as a vehicle but the new legislation ceases to come into play once the motorhome is being used as living accommodation.

“Why is the government introducing the ban though? What business is it of theirs?” The reasons are simple and stark – at the moment, over 430,000 children aged 11-15 in England are exposed to secondhand smoke in their family cars at least once a week, according to the British Lung Foundation. That means nearly half-a-million kids are inhaling chemicals that can make asthma worse or put the child at risk from cancer, bronchitis, meningitis and more.

“What about e-cigarettes? Can I still vape if there is a child in the car?” Yes, vape away but as of October 1st, bear in mind that it will be illegal for retailers to sell e-cigarettes to someone under 18 or for adults to buy (or try to buy) tobacco products or e-cigs for someone under 18.

“Surely all this is going to be tough to enforce? The police have enough on their plates as it is.” There have been grumbles about the new legislation from those within the police force, worried that it will divert resources away from serious crime. As ever, time will tell how just effective the new legislation will be – we’ll keep you posted.