Is it illegal to vape while driving in the UK?

What the experts say

Drivers caught smoking or vaping behind the wheel have been warned they could face a hefty fine or even a road ban.

In a poll by the UK's largest independent road safety charity, IAM RoadSmart, 57 per cent of smokers with a full driving licence surveyed said they draw on a cigarette or vape while driving.

Of those who admit to smoking while driving, just under one in four (24 per cent) admitted they do so often, and almost half (49 per cent) said they do so only occasionally.

Meanwhile, 16 per cent responded that they only vape or smoke on long journeys and one in ten revealed they only smoke if they have no passengers in their vehicle.

Neil Greig, Director of Policy and Research at IAM RoadSmart, warned drivers of the risks that smoking behind the wheel could lead to.

He said: 'It may be tempting for smokers to light up while behind the wheel, and while this may be legal, smokers should be aware that ultimately this could lead to a substantial fine, something nobody needs during the cost-of-living crisis.

'But more importantly, smoking can lead to a range of behaviours and distractions which can put road users' lives at unnecessary and totally avoidable risk. These include driving with only one hand on the wheel, clouds of smoke impairing vision and even the risk of dropping the cigarette. If that's not enough to put the cigarette down, I don't know what is.'

Smoking can lead to a range of behaviours and distractions which can put road users' lives at unnecessary and totally avoidable risk.

What does the science say?

There have been studies in the US that investigate vaping and cognitive issues. The studies we'll reference today were across adult and youth demographics.

They investigate any association with the use of electronic cigarettes and an increase in self-reported cognitive complaints. The complaints included, difficulty concentrating, remember and making decisions - also known as 'DCRMD'.

The 2016 and 2017 Behavioural Risk Factor Surveillance System (BRFSS) surveyed 886,603 US adults. The results published show that users that both smoked and vaped reported cognitive complaints.^[1] These were in higher numbers than ex-smokers who now vape and users that had never smoked or vaped.

Two new studies from the University of Rochester Medical Center (URMC) have uncovered an association between vaping and mental fog. Both adults and kids who vape were more likely to report difficulty concentrating, remembering, or making decisions than their non-vaping, non-smoking peers.^[2]

The 2018 National Youth Tobacco Survey (NYTS) analysed 18,535 people. It concluded that all participants reported serious difficulty concentrating. Published in the journal Tobacco Induced Diseases, the results found that like the adult study, dual users (tobacco and vape) along with vape exclusive and exclusive tobacco users had higher risk of DCRMD.^[3] This was in comparison to never users. The study concludes that smoking, vaping and dual using are all linked to difficulty concentrating.

These studies are not directly related to driving and vaping. However, they do support the hypothesis that vaping could have a negative impact on driver concentration. Subsequently, our advice would be to stop vaping while driving and concentrate on the road!

Your questions answered

Is it illegal to vape while driving in the UK?

Although smoking or vaping while driving itself is not illegal, smoking in a vehicle with a roof with anyone under the age of 18 is prohibited.

The law was introduced in the UK by the Government in 2015.

Can I be fined if I vape while driving?

Drivers could be slapped with a £100 fine for careless driving if the police conclude that the driver failed to properly control their vehicle because they were smoking.

What can happen if I vape while driving?

Motorists who are distracted by cigarette or vape smoke can be prosecuted for driving without due care and attention. The plume of smoke can hamper a driver's vision and result in an accident.

Will I go to court if I get caught vaping while driving?

In more serious cases, or those contested in court, the charge can attract a maximum £5,000 fine, up to nine penalty points and even a court-imposed driving ban.

Will my insurance be legal if I vape while driving?

Insurers aren't likely to cover any damage or injuries sustained in a crash if vision is compromised by smoke.

How do I avoid a fine for vaping while driving?

If you want to avoid being fined or receiving penalty points, then of course don't vape or smoke in the first place.

However, if you want to vape, then consider pulling over in a safe place before doing so.

What if I need to vape while driving?

If you still plan to vape while driving, then it's suggested using a vape device or e-cigarette that produces less vapour as a safer alternative.

You can also open a window to release the vapour and stop it blocking your view of the windscreen.

With less vapour in the air, the chances of being distracted or your view being obstructed may be lessened.

Remember, even though vaping while driving is not explicitly illegal, it can have some really severe consequences.

References

1. https://journals.plos.org/plosone/article?id=10.1371/journal.pone.0241599
2. https://www.sciencedaily.com/releases/2020/12/201228105445.htm
3. https://www.tobaccoinduceddiseases.org/Association-of-electronic-cigarette-use-with-self-reported-ndifficulty-concentrating,130925,0,2.html