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Smoking bans in private vehicles

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Smoking bans in private vehicles are enacted to protect passengers from secondhand smoke and to increase road traffic safety, e.g. by preventing the driver from being distracted by the act of smoking. Smoking bans in private vehicles are less common than bans extended to public transport or vehicles used during work, like trucks or police cars.

Traffic security

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The acts of looking for, reaching for, and then lighting cigarettes can considerably distract a driver. A burning cigarette that has fallen into a driver's lap might lead to panic-like reactions. Cigarette stubs thrown out of a window pose a serious fire threat. Some serious traffic accidents in Germany are known to have been caused by lit cigarettes.[1] Some German tribunals have commented on the imprudence of smoking while driving.[2] Despite that, as of 2023, smoking while driving is legal in Germany, even if children are present.[3] However, German politician Karl Lauterbach, current federal minister of health, is planning to ban smoking in vehicles when children are present,[4] a measure supported by 87 % of German car drivers, according to an opinion poll conducted by the German Cancer Research Center.[3] According to estimates of the German Cancer Research Center, around one million minors in Germany were exposed to smoking in cars as of 2022.[5]


Protection from secondhand smoke

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More recently, the dangers of secondhand smoke (SHS) have seen more attention, and smoking in a car (whether in motion or not) is banned in some jurisdictions as a measure against passive smoking. SHS, also called environmental tobacco smoke (ETS), is a mixture of two forms of smoke that come from burning tobacco. Mainstream smoke is the smoke exhaled by a smoker. Sidestream smoke is smoke from the lighted end of a cigarette, pipe, or cigar, or tobacco burning in a hookah. This type of smoke has higher concentrations of cancer-causing agents (carcinogens) and is more toxic than mainstream smoke. It also has smaller particles than mainstream smoke. These smaller particles make their way into the lungs and the body’s cells more easily. When non-smokers are exposed to SHS, it is called involuntary smoking or passive smoking. Non-smokers who breathe in SHS take in nicotine and toxic chemicals the same way smokers do. The more SHS someone breathes, the higher the levels of these harmful chemicals in their body.[6] Some laws stipulate that such a ban applies only when a passenger is under a certain age. A study showed that after smoking one cigarette in a car, the time required for respirable particles' concentration to return to its initial value, depending on car movement cases, windows positions and ventilation settings, varies between 10 and 60 minutes.[7]

Wildfires

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Cigarettes or cigarette litter thrown out of the window of cars moving through a vegetated area (particularly during the hot season) is one of the causes of wildfires or bushfires. A southern France firefighters' department statistic attributes 16% of local bushfires to cigarette litter thrown out of moving vehicles (and 13.8% to cigarette litter from pedestrians).[8]

Jurisdictions with a smoking ban in private vehicles

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Australia

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Main article: List of smoking bans in Australia

In the Australian Capital Territory, a smoking ban in cars with minors under the age of 16 has existed since May 2012. An on the spot fine of AUD $150 is applicable for individuals or $750 for companies. Court fines may be higher.[9] The ban includes cigarettes and personal vaporisers/e-cigarettes.

In New South Wales a smoking ban in cars with minors under the age of 16 has existed since July 2009. There is an on the spot fine of AUD $250 for drivers or passengers, with a maximum fine of AUD $1,100 if unsuccessfully disputed or appealed.[10] An amendment added e-cigarettes on 1 December 2015.[11]

In the Northern Territory a smoking ban in cars with minors under the age of 16 has existed since December 2014, the last jurisdiction in Australia to do so.[12]

In Queensland a smoking ban in cars with minors under the age of 16 has existed since January 2010. Smoking-related offences are based on a unit price of $133.45 with offences charged in multiples of the unit price. As of 1 July 2019, smoking in cars with children is two units, or $266.90[13]

In South Australia a smoking ban in cars with minors under the age of 16 has existed since May 2007. The maximum fine is AUD $750 with a AUD $105 expiation fee.[14][15]

In Tasmania a smoking ban in cars with minors under the age of 18 has existed since 1 January 2008. There is a AUD $110 on the spot fine.[16]

In Victoria a smoking ban in cars with minors under the age of 18 has existed since 1 January 2010.[17]

In Western Australia a smoking ban in cars with minors under the age of 17 has existed since 22 September 2010.[18]

Bahrain

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Since 13 April 2009, smoking in cars with accompanying children is banned in Bahrain.[19]

Canada

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Smoking with anyone under the age of 16 present in a vehicle is currently banned in the provinces of Alberta, British Columbia, Newfoundland and Labrador, Manitoba, Ontario, New Brunswick, Prince Edward Island, Saskatchewan and Yukon Territory.[20][21][22] Smoking is banned in vehicles with persons under the age of 19 present in Nova Scotia.[23][24]

Cyprus

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On Cyprus smoking in vehicles with minors under the age of 16 is prohibited.[25][26]

France

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It is forbidden to smoke in private vehicles in the presence of children under the age of 12 since 2015.

Greece

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Greece introduced fines of up to 3,000 Euros for smoking in a vehicle with a minor (a child under 12 years old) in 2019.[27]

Mauritius

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On Mauritius smoking is prohibited in any car carrying passengers, since 2008.[19]

New Zealand

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New Zealand banned smoking in any vehicle carrying a person under 18 years old (unless the person under 18 is the driver) from June 2020, and vaping from November 2021 with fines of NZ$50 applying.[28]

South Africa

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A law prohibiting smoking in private vehicles with minors under the age of 12 has been voted.[29]

Turkey

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In Turkey, smoking in a vehicle has been prohibited since 2013 with the law numbered 4207[30] in accordance with the smoke-free air policy.[31] People who smoke are subject to fines.[31]

United Arab Emirates

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On 6 January 2010, a federal law (superseding the smoking bans which already existed in most of the emirates) was signed. Among other provisions, it introduces a smoking ban in private vehicles in the presence of children under the age of 12.[32]

United Kingdom

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On 1 October 2015, smoking in vehicles with passengers under 18 was banned in England and Wales, except in convertibles.[33] It is also illegal for drivers under the age of 18 to allow other passengers to smoke in their car, regardless of their age – however drivers under the age of 18 will be permitted to smoke in their car as long as no passengers are present.[34] It is a criminal offence for any driver to fail to stop a passenger illegally smoking in the car while a passenger under the age of 18 is present.

Scotland enacted a ban on 5 December 2016.[35]

While a ban was approved in 2016 in Northern Ireland,[36] it has yet to be enacted.[37]

Smoking is not allowed in work vehicles that more than one person use. Smoking in company cars is allowed, provided that there is only one user of the car and the employer allows.[38]

Jersey

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In Jersey smoking has been banned in all vehicles carrying passengers under the age of 18. Drivers under the age of 18 (the legal driving age in Jersey is 17) are also forbidden to smoke whilst in their own vehicles, even if they are the only passengers. The law came into force on 1 September 2015,[39] after debate in the States Assembly and is the first place in the British Isles to enact a ban of this sort.[40]

United States

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Smoking in cars with children under 18 was banned in the state of California in 2007,[41] and is banned in certain counties and cities of Hawaii, Indiana, Kansas, New Jersey, New York, Kentucky,[42] Alabama and Illinois.

A smoking ban in cars with children is being tested in the states of Arkansas (child's age <14), Louisiana (<13), Maine (<16), Oregon (<18), Puerto Rico (<13), Utah (<15), Vermont (<8), and Virginia (<8).

CPS may also be involved if the smoker is the legal guardian of the children present.

Planned smoking bans in private vehicles

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Finland

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Finland intends to ban smoking in cars while children are present. Furthermore, smoking in places where children are present is to be banned generally.[43]

Israel

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In Israel the introduction of a smoking ban in cars is being discussed in the Knesset.[44]

Netherlands

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Similar plans exist in the Netherlands.[45]

Taiwan

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Main article: Smoking in Taiwan

Taiwan plans to ban smoking while driving a car, riding a bike or walking on a sidewalk.[46][47] The rationale is the concern about traffic security and air pollution.

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References

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  1. ^ SWR: Diskussion – Rauchen im Auto (in German) Archived 2007-09-29 at the Wayback Machine
  2. ^ "Verkehrsunfall durch Rauchen im Fahrzeug – grob Fahrlässig? - RA Kotz". Rechtsanwälte Kotz. Retrieved 10 November 2017.
  3. ^ a b "Wo gilt ein Rauchverbot im Auto? - Verkehrsrecht 2023". bussgeldkatalog.org (in German). Retrieved 2023-06-15.
  4. ^ "Karl Lauterbach plant Rauchverbot in Autos mit Kindern und Schwangeren". www.zeit.de. Retrieved 2023-07-07.
  5. ^ "Rauchverbot im Auto? Bundesregierung sieht rechtliche Hürden". AerzteZeitung.de (in German). 2022-04-29. Retrieved 2023-10-08.
  6. ^ Article in America Cancer Society
  7. ^ Saber, E.M.; Bazargan, M. (2011). "Dynamic behavior modeling of cigarette smoke particles inside the car cabin with different ventilation scenarios". International Journal of Environmental Science and Technology. 8 (4): 747–764. doi:10.1007/BF03326259. hdl:1807/62963. S2CID 94233092.
  8. ^ "Centre Hospitalier Avignon: Le tabac et l'environnement". 22 July 2012. Archived from the original on 22 July 2012. Retrieved 10 November 2017.
  9. ^ "Smoking in Cars with Children (Prohibition) Act 2011". www.legislation.act.gov.au. Retrieved 26 July 2020.
  10. ^ "Tobacco Retailing Laws, by the Government of New South Wales". Archived from the original on 2015-06-23. Retrieved 2015-02-15.
  11. ^ "Ban the use of e-cigarettes in smoke-free public places". NSW Government Health. 26 July 2020.
  12. ^ "NT becomes final jurisdiction to outlaw smoking in cars carrying children". ABC News. 31 October 2014. Retrieved 10 November 2017.
  13. ^ "Penalties, Fines and Enforcement of Tobacco Laws". Queensland Health. Retrieved 26 July 2020.
  14. ^ ""Smoke-free cars", by the Government of South Australia". Retrieved 26 July 2020.
  15. ^ "Can you smoke in a car in Australia?". 26 July 2020. Retrieved 26 July 2020.
  16. ^ "Smoking banned in cars in Tasmania" in The Australian
  17. ^ Health, c=AU; st=Victoria; o=State Government of Victoria; ou1=Department of. "Health Victoria News - Department of Health Victoria Australia". www.health.vic.gov.au. Retrieved 10 November 2017.{{cite web}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
  18. ^ "Smoke-free in vehicles with children". Department of Health. Retrieved 26 July 2020.
  19. ^ a b GASP Archived 2011-07-27 at the Wayback Machine
  20. ^ [1] 18 March 2009
  21. ^ [2] Archived 2015-06-17 at the Wayback Machine 15 July 2010
  22. ^ [3] 17 October 2009
  23. ^ Nova Scotia bans smoking in cars with children as of April 1 21 March 2008
  24. ^ Alberta, Alberta Health - Government of. "Tobacco Reduction in Alberta: Alberta Health website". www.health.alberta.ca. Retrieved 10 November 2017.
  25. ^ "US". Independent.co.uk. Archived from the original on June 5, 2008. Retrieved 10 November 2017.
  26. ^ "Our Cyprus". Archived from the original on 13 July 2012. Retrieved 10 November 2017.
  27. ^ "Health Ministry: Heavy fines of up to €3,000 for smoking drivers". Keep Talking Greece. 2019-08-05. Retrieved 2020-07-26.
  28. ^ "Are you allowed to smoke with children in the car?". June 2020. Retrieved 16 June 2020.
  29. ^ South Afrika Archived 2010-01-09 at the Wayback Machine
  30. ^ Tütün Ürünlerinin Zararlarının Önlenmesi ve Kontrolü Hakkında Kanun (PDF) (in Turkish). T.C. Resmî Gazete. 7 November 1996. p. 1. Retrieved 6 March 2023.
  31. ^ a b "Arabada sigara içme cezası ne kadar?". www.haberturk.com (in Turkish). 2023-01-25. Retrieved 2023-03-05.
  32. ^ "UAE". Archived from the original on 1 February 2014. Retrieved 10 November 2017.
  33. ^ "England bans smoking in cars". BBC News. 11 February 2015. Retrieved 10 November 2017.
  34. ^ Meikle, James (2015-08-11). "Motorists alerted over upcoming ban on smoking in cars to prevent surge in fines". the Guardian. Retrieved 23 September 2015.
  35. ^ "The Scotland wide ban on smoking in cars starts today - here's what you need to know". GlasgowLive. 5 December 2016.
  36. ^ "MLAs back ban on smoking in cars". BBC News. 2016-02-22. Retrieved 2020-07-26.
  37. ^ "Smoking regulations in Northern Ireland". NI Direct Government Services. 5 December 2016. Retrieved 26 July 2020.
  38. ^ "Smoking at work: the law". gov.uk. Retrieved 18 December 2016.
  39. ^ "Restriction on Smoking (Motor Vehicles) (Jersey) Regulations 2015".
  40. ^ "Smoking banned in cars with children". BBC News. 15 July 2014. Retrieved 10 November 2017.
  41. ^ "Law section". leginfo.legislature.ca.gov. Retrieved 2018-06-05.
  42. ^ TEGNA. "Shepherdsville City Council bans 'smoking in cars with kids'". Retrieved 10 November 2017.
  43. ^ HT. "Russian shipbuilding company taking full ownership of Helsinki shipyard". www.helsinkitimes.fi. Retrieved 10 November 2017.
  44. ^ Israel Archived 2011-09-16 at the Wayback Machine
  45. ^ ASH Ireland (Netherlands mentioned) Archived 2009-05-04 at the Wayback Machine
  46. ^ "Taiwan aims to ban smoking while walking". Bangkok Post. November 12, 2009.
  47. ^ "Taiwan bans smoking while walking". Archived from the original on October 9, 2011. Retrieved 10 November 2017.
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