While smoking in the car can seem like a personal choice, it has its consequences. Answering the question, “Can you smoke in cars?” is dependent on different factors. Not only is smoking detrimental to one’s health, it could also be illegal. We will discuss at length on the topic “Can you Smoke in Cars?” We will see the legality of smoking in the vehicle, the impacts of smoking in the car, and how smoking affects you and the car generally.
Is Smoking in The Car Illegal?
Technically, “No,” smoking in the car is not illegal and Yes, you can smoke in cars. While it is not unlawful, smoking is seen as one of the many things that can distract a driver. According to the UK’s Highway Code rule 148, smoking is listed as one of the prevalent driving distractions.
Since driving requires adequate concentration, drivers are responsible for paying attention and avoiding distractions. Aside from the fact that smoking in the car can prevent you from driving with both hands, your thoughts can get the best of you as well. This can lead to you losing consciousness of your present environment and, worse yet, an accident.
Although smoking in the car is not illegal, you can still be penalized for the outcome of smoking while driving. These include dangerous driving, breaking traffic rules even causing an accident. The rule is also similar to that of the US, as the United States does not have a federal ban on smoking in the car or while driving. However, some states prohibit smoking in cars with passengers under specific ages.
Can You Smoke in Cars With Children?
We’ve talked about how smoking in the car is not illegal, but smoking in cars with children is highly prohibited. So the answer to that question is “NO.” Since children are still developing, inhaling smoke from cigarettes, tobacco, or any smoke at all can cause health complications. In the US, states such as California, Oregon, Arkansas, Louisiana, Virginia, Utah, Illinois, Louisiana, Guam, Puerto Rico, and Maine have prohibited smoking in vehicles with children under a specific age. Each state has a different age specification.
Almost the same rule applies to the UK. Not only is it prohibited to smoke in cars with children, but it is also illegal to smoke in public transport or company vehicles, whether as a driver or passenger. However, different smoking rules apply to places such as England, Scotland, and Wales. Aside from the general smoking rule, In Scotland, a person aged 18 and above will be breaking the law by smoking in a private car. The only exception is if the vehicle is not in motion or is used as a private living area. For England and Wales, a driver must not smoke or allow any passenger to smoke when there are passengers under 18 in the car.
Is there a Penalty for Smoking in the Car?
Penalties for smoking in a car vary depending on the law of your state, province, or country of residence. Here are some of the common penalties attached to breaking the smoking-in-the-car rule.
1. Monetary Fines
Especially when minors are involved, fines are legally imposed on smokers in question to pay a certain amount, which differs with regions. For instance, in places like California, Puerto Rico, and Louisiana in the United States, the fine ranges between $100 to $500 for smoking in a car with a minor. For places like Wales, England, and Scotland, smoking in a vehicle with a passenger under 18 can result in a fine of £50. On the other hand, Australia imposed a fine between 200 – 2000 AUD depending on the gravity of the offense. In Ontario, Canada, the fine can be up to $250 CAD.
2. Penalty Point and Increase in Insurance Rate
In many countries, smoking in a car under certain conditions, especially when children are involved, can lead to a penalty point on the driver’s license. An increase in penalty points automatically translates to a license suspension or an increase in insurance rate. The driver’s insurance rate might increase when smoking leads to a fire outbreak or car damage.
3. Employer Penalties
Aside from legal penalties, drivers who smoke in a workplace vehicle and not a private vehicle might face their company’s penalty if smoking in the car violates the company’s policies. It could lead to paying fines to the organization, suspension, or job termination.
4. Legal and Civil Liabilities
We cannot overemphasize the risk of smoking in the car. In a case where smoking tobacco in a vehicle causes a fire and damages other people’s property, then the driver will have to take full responsibility. They might also face civil liabilities or even criminal charges, which is not something you want.
Health Risks of Smoking in The Car
There’s no doubt that smoking has lots of adverse health impacts on smokers, but when it comes to smoking in the car, not just the smoker is at risk, but the passengers also. We will see some of the damages smoking in cars can cause.
1. Effects on Children and Vulnerable People
Children’s immune systems and lungs are still developing, and inhaling tobacco smoke could be dangerous for them. Smoke inhalation by children could lead to respiratory illness, ear infections, other internal issues, and even sudden infant death. Aside from children, people who are immunocompromised, such as pregnant women, older adults, and people with underlying illnesses, are vulnerable to smoke. When these people inhale tobacco smoke, it could trigger health issues and lead to more complications in their health.
2. Secondhand Smoke Damages
A Secondhand smoke exposure can’t be prevented by having the windows down. The smoke from this exposure, also known as passive smoke exposure, involves passengers or people around a smoker indirectly inhaling the content from their cigarette or tobacco. Even though people around are not directly smoking, being exposed to passive smoke from cigarettes can cause the same type of diseases as in the actual smoker. When smoking in an enclosed area such as a car, passengers are no doubt exposed to harmful chemicals and carcinogenic toxins at a much higher concentration than smoking in the open air. This could trigger respiratory diseases, heart diseases, and even lung cancer.
3. Thirdhand Smoke Damages
This is a result of the contamination from tobacco smoke that lingers even when the smoker is done smoking. Thirdhand smoke is as dangerous as secondhand smoke. Although passengers might not be present at the time of smoking, the toxins from the tobacco smoke still linger in the air and on the car’s surface. Future passengers can come in contact with these toxins, whether inhalation or skin contact, which also has a dangerous effect.
Other Damages Caused By Smoking in The Car
Aside from the legal and health risks attached to smoking in the car, there are also other negative impacts, which include:
1. Car Damages
If you care so much about your car’s upholstery, interior, and the whole car in general, you should strictly avoid smoking in or near your vehicle. Cigarettes and tobacco are a way of leaving behind an odor you might not be able to get rid of. Likewise, particles from smoke can stick to car interiors, causing a permanent stain. Car interior can sustain some burns as a result of the reckless dropping of cigarette butts. Getting rid of smells, stains, or burns from smoking in the car is undoubtedly expensive, and you might not even be able to get rid of it effectively. Most importantly, mishandling cigarettes around vehicles can cause a fire explosion.
2. Environmental Damages
Most smokers are careless and tend to drop their cigarettes just about anywhere without considering the environment or people who might come in contact with them. Improper disposal of cigarettes or tobacco butts has greatly contributed to liters in the environment. Also, these products don’t break down quickly, so harmful chemicals stay in the environment for a long time and even leach into the soil as time goes on. Fire outbreak is another environmental damage caused by smoking. Improper disposal of cigarettes while driving can lead to fire outbreaks in unexpected places.
3. Decrease in Car Resale Value?
If you want to sell your vehicle, smoking in your car affects its resale value. Nobody wants to buy a vehicle that reeks of cigarettes, and even if they do, it will be at an extremely cheap rate. Also, smoking in the car could cause damage to a vehicle, such as burns or stains. If you want to strip your car of the tobacco smell, you will have to spend a lot on cleaning and trying to restore the vehicle. You might not get significant gains from selling the car depending on the cost of revamping your vehicle.
Under What Circumstances Can You Smoke in The Car?
We’ve established numerous times in this article that smoking in cars has lots of risks. However, if you must smoke in a vehicle, there are some circumstances in which you can do that. Firstly, if you’re sure that you won’t pick a non-smoking passenger with your private car, especially children and immunocompromised people, then you can go ahead with it. Secondly, smoking should be done under proper ventilation, such as when the windows are down and proper air conditioning is on. Note that proper ventilation does not eliminate risk; it only reduces it. Thirdly, if you have no plan of selling your car, you can smoke in your car. Finally, make sure you’re not violating the local laws of your state or country by smoking in your car.
Are There Alternatives To Smoking in Cars?
If you’re asking, “Can you smoke in cars if there are alternatives?” Then what we have to say is that you should avoid and stay clear of smoking in your car. For people who spend much time in their vehicle or do long-distance driving and cannot do without smoking, quitting smoking in the car might not be an outright option. However, there are alternatives to smoking in the car, which can reduce health risks and also keep your car in excellent condition. Some of these include vaping, e-cigarettes, lozenges, and gum.
Conclusion
Now we’ve answered the question, “Can you smoke in cars.” Smoking is a personal choice, but other people’s well-being should be considered, especially minors. Smoking not only causes health issues, it causes legal, environmental, and financial damages as well. Adapt other alternatives or, better still, stay clear of smoking in cars.
