In this blog, we will discuss one of the most frequently searched queries: vaping while driving. So why is it the most sought-after search query, you ask? Well, one of the reasons would have to be that in 2015, a decade ago, smoking in the car with anyone under 18 was banned due to the health implications of second-hand smoke. As vaping is still relatively new, the worries around second-hand vapour are still being researched and queried.
Currently, there are no laws in the UK that criminalise vaping in a car. However, over the years, many have petitioned and campaigned for vaping in the car to be banned due to the lack of information surrounding the harmful substances that may or may not be emitted into a closed vehicle. Concerns also surround the safety aspect when driving, especially if using a sub-ohm kit that produces a large amount of clouds that could potentially obscure your vision and, in turn, cause an accident.
So, put on your seatbelt and get yourself geared up for the ride (no pun intended) as we discuss whether or not you can be fined for driving while vaping, if vaping poses a safety risk, as well as what the consensus is regarding vaping with children in the car. We will close off with some tips for our customers on how to stay safe and responsible whilst driving. Let's delve in.
Is It Illegal To Vape While Driving In The UK?
In short, no. Vaping while driving in the UK is not illegal.
When Could You Be Penalised?
Large vapour clouds block your vision whilst driving - more likely to happen with sub-ohm devices that deliver thicker, dense clouds.
If vaping distracts you from the road, even if briefly.
Losing control of your vehicle - using only one hand to steer.
Hazardous or reckless - causing a collision.
To answer the question, no, it is not illegal, per se; however, it can be considered distracted driving.
Is Vaping Considered Distracted Driving?
All it takes is a moment to become distracted and potentially cause a crash or, even worse, a fatality. There are no laws prohibiting vaping. However, you need to be in full and proper control of your vehicle at all times. Surrey and Sussex Roads Policing Unit.(Courtesy of the RAC)
What Is Considered Distracted Driving
There are three main factors to consider when discussing distracted driving: manual, visual and cognitive.
UK Driving Laws That Apply to Vaping
Although vaping whilst driving is legal, you must still obey the UK’s driving laws.
Drivers of vehicles on the roads in the UK must follow the rules legislated by the Road Traffic Act 1988. If your control or awareness when driving is impacted by vaping, it could cause you to be fined or charged.
Road Traffic Act 1988 - Section 2: Dangerous driving
It is an offence for a person to drive a mechanically propelled vehicle dangerously on a road or other public place.
Losing control of your vehicle in terms of control or decision-making.
Applicable if it causes a clear danger to others.³
Example: Vaping at the wheel causes you to collide with another vehicle, swerve or cause a near accident.
Section 3: Careless and Inconsiderate Driving
A person is guilty of an offence if they drive a mechanically propelled vehicle on a road or other public place without due care and attention, or reasonable consideration for other road users.
This law relates to when a driver's standard of driving drops below what is considered a careful driver.⁴
Example: Vaping becomes a distraction or an obstruction (clouds obstructing your view).
What Are the Risks of Vaping While Driving?
Vaping whilst driving poses many risks that could easily distract the driver if not careful. Chances of an obstruction are also increased with sub-ohm devices as they produce dense clouds. Here are some risks that are associated with vaping whilst driving.
Distracted Driving
Using a vape whilst driving has the potential to take your main attention away from the road ahead, here are three examples:
Adjusting the settings/wattage of your device
Topping up e-liquid
Taking a puff in fast-moving traffic causes momentary distraction.
Visual Obstruction
Vapour clouds can temporarily block the field of view. The vapour could fog up your windscreen, especially if the windows aren't open whilst operating the vehicle.
Malfunctions
Even though uncommon, vaping batteries do have the potential to malfunction or become extremely warm to the touch, which could, in turn lead to a loss of control of your vehicle.₆
Can I Top Up E-liquid Whilst Driving?
No. We would strongly advise against topping up e-liquid at the wheel. This could quite easily be deemed as distracted driving.
Why Is It a Bad Idea?
When driving, it is recommended to have two hands on the wheel at all times. Topping up e-liquid requires both hands.
Driving requires eyes on the road; to efficiently fill up a tank or a pod, you will need to divert attention from the road.
Fines and points against your licence, and a potential ban from driving.
Child-lock caps and refillable tanks or pods can be quite fiddly - not a quick process to refill.
What are Penalties for Distracted Driving?
Whilst vaping at the wheel isn’t illegal, if it is the leading factor as to why you were distracted, or it caused a direct obstruction, you could face up to a minimum £100 fine as well as three penalty points, or worse, a fine of £5000 as well as points against on your license and potentially even being banned from driving entirely.
How to Vape Safely If You Must While Driving
Ensure that you are properly prepared before you drive. Having your vape all set up and ready to go will reduce your chances of being distracted while vaping.
What Are The Safest Ways To Vape While On The Road?
Although we do not recommend vaping whilst driving, if you intend to, we have compiled a list of the safest ways of doing so.
✅ Have your vape charged, filled and make sure your desired wattage is preset.
✅ We recommend using low-powered pod kits as opposed to sub-ohm kits.
✅ Prefilled pod kits are also recommended, as you won’t have the stress of having to refill.
✅ You should only vape when the car is not moving.
✅ Ventilation is key to avoid vapour building up in the car, which could cause an obstruction.
✅ Don’t vape with children in the car, even if the law permits.
Vaping in the Car With Children
Is It Legal?
As you all may well know, smoking in the car with a person under the age of 18 years is illegal as of October 1st, 2015₇. This, however, does not apply to vaping in a car. In short, vaping is not illegal with kids in the car.
What You Need To Know
Using traditional cigarettes (smoking) in a car with under-18s is illegal in the UK.
You can vape in a car with under-18s.
No legislation states vaping is included within the ban.
We, however, do not advise vaping with children in spaces without ventilation.
Although it is not a crime to vape around children, public health organisations, the NHS advise against it if it can be avoided.₈
We advise keeping an eye on these regulations, however, as this could be subject to change shortly.
Privately hired vehicles or taxis typically won’t allow vaping whilst in their car.
Is Secondhand Vapour In A Car Dangerous To Passengers?
Yes, it can be. Less harmful than cigarettes, but still not entirely risk-free.
Should Taxi Or Uber Drivers Vape While Driving In The UK?
TFL Regulations
According to TFL, it is against the law for a passenger or driver to smoke or vape in any licensed taxi or private hire vehicle within the UK¹⁰. We have compiled a quick dos and don’t list for professional drivers.
Do's and Don'ts for Professional Drivers
✅ Do:
If you are a vaper, you should vape outside of the car.
Ensuring your passengers are comfortable is imperative.
Follow the legislation laid out by your company or governing body.
If you are vaping in your vehicle, pod kits are recommended.
Ventilation is important, with no lingering smells or clouds.
🚫 Don’t:
You should not vape with passengers in the vehicle.
Use sub-ohm kits.
Vape whilst children are in the car.
Chance a low rating for a vape.
Is Vaping Classed As Careless Driving Under UK Law?
What The Law Says:
“If a person drives a mechanically propelled vehicle on a road or other public place without due care and attention, or without reasonable consideration for other persons using the road or place, he is guilty of an offence.”
What This Means For Vapers:
Although vaping in a car is not illegal, it can fall under careless driving.
Vapour clouds obstruct your view or distract you = illegal.
Fines starting at £100 +3points, can be more depending on the incident.
Best Vape Devices For Use In The Car (UK Edition)
If you choose to vape in your car, we would advise a low-powered pod kit to avoid the large plumes of vapour becoming an obstruction. Here are the best vapes for the car that combine convenience and discretion.
Vaporesso XROS 5 Mini Pod Kit
Why It's Ideal For Driving:
Has an integrated 1500mAh battery, perfect for long journeys without the worry of having to recharge.
Smart Mode sets the wattage. No need to fiddle with settings whilst behind the wheel.
Recommend using high resistance coil such as 1.0ohm or 1.2ohm for minimal vapour.
Lost Mary BM6000 Prefilled Pod Kit
Why It's Ideal For Driving:
Can view e-liquid levels at a simple glance - minimising distractions.
Does not require constant refilling
Filled with 20mg of nicotine salt, quick hits of satisfaction, don’t need to vape for too long, whilst on the move.
1000mAh battery in tow, it will last on a road trip.
Elf Bar 600 Prefilled Pod Kit
Why It's Ideal For Driving:
Utilises inhale activation, no need to mess around with fiddly buttons whilst driving.
Portable and lightweight, it will fit in a cup holder with ease.
Prefilled, no need to stress about refills.
Summary
Whilst vaping whilst driving is not illegal, it can lead to careless or distracted driving, which is a punishable crime within the UK. For best practice, it is advisable that if you are going to vape in a car, you should ensure the car is well ventilated, doesn’t contain minors, and that you are using a low-powered pod kit or better yet, a prefilled pod kit to eliminate the refilling whilst on the move concern.
FAQS
Is it illegal to vape while driving in the UK?
No, vaping while driving is not illegal in the UK. However, if it causes you to lose control of the vehicle or become distracted, it may fall under offences like careless or dangerous driving under the Road Traffic Act 1988.
Can you get fined for vaping and driving in the UK?
Yes, you can be fined if vaping leads to distracted or careless driving. While vaping itself isn’t prohibited, police may issue penalties if it interferes with your ability to drive safely.
Is vaping considered distracted driving in the UK?
It can be. Vaping may involve manual, visual, and cognitive distractions—especially if adjusting settings, topping up e-liquid, or producing large vapour clouds that obscure vision.
Can taxi or Uber drivers vape while driving?
Technically yes, but it's discouraged. Taxi and ride-hailing drivers should avoid vaping to maintain professionalism and passenger comfort. It could also raise legal concerns if it impairs driving.
What are the risks of vaping while driving?
Risks include visual obstruction from vapour, distraction, and device malfunctions. Large clouds may fog up the windscreen or reduce visibility, particularly with sub-ohm devices.
Is it legal to vape with children in the car in the UK?
Yes, but it’s not recommended. Unlike smoking, vaping with children in the car is not currently banned. However, concerns about second-hand vapour remain and laws may evolve.
What’s the safest way to vape while driving in the UK?
Use low-vapour devices, avoid vaping in traffic, and never adjust your vape while moving. Always keep full control of the vehicle and limit distraction to avoid penalties.