Smoking in cars: laws, rules and safety tips explained

Smoking is at an all time low in the UK, with 11.9 per cent of the population over the age of 18 having smoked a cigarette in 2023. Of those people, there’s a chance some will have smoked while driving. While it can certainly take a chunk of your car’s used value, is the practice actually illegal? Here’s what you need to know. 

Is it legal to smoke in a car?

Smoking while driving is, in most cases, perfectly legal, but there are some instances in which it isn’t. 

Since 2015, it’s been illegal to smoke in a car with someone under the age of 18 on board. It is also illegal for the car’s driver to allow someone else to smoke in their car while an underage person is in it. 

This law doesn’t apply to convertibles with a fully open roof, but don’t go thinking it’s ok to crack a window if you want to smoke with a child on board. The law still very much applies if you’re in a fully enclosed vehicle, whether you are smoking with the window or sun roof open. with the air conditioning running, or sitting the open door of your car. Smoking and failure to prevent smoking can land the smoker, and the driver respectively both with a £50 fine. 

17 year olds can smoke in their own car if they’re on their own, and the law doesn’t apply to e-cigarettes or vapes. 

Is it legal to smoke in a van or work vehicle?

When it comes to work vehicles, the law is different depending on which of the UK’s countries you’re in. In Scotland, Northern Ireland, and Wales, it’s illegal to smoke in a work vehicle unless it’s a car. In England, the law states that a vehicle has to be smoke free if it’s used to transport members of the public or if it’s used by more than one person as part of their work - whether that work is paid or voluntary. 

Working vehicles must display a no smoking sign no smaller than 70mm in diameter, too. Though if a work vehicle’s roof can be removed or stowed in its entirety, occupants can smoke so long as that roof is removed. 

Is it legal to smoke while driving?

While it’s not illegal to smoke while driving or riding in a private car (so long as no one under 18 is present), rule 148 of The Highway Code does count smoking as a potentially distracting activity. It’s up there with listening to loud music, arguing with passengers, eating, and changing the radio station. You should always ensure that your full attention is on the act of driving and that you don;t become distracted by anything while behind the wheel. 

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