Smoking bans in private vehicles

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.[http://www.swr.de/rasthaus/archiv/2006/11/11/beitrag1.html SWR: Diskussion – Rauchen im Auto (in German)] {{webarchive|url=https://web.archive.org/web/20070929135738/http://www.swr.de/rasthaus/archiv/2006/11/11/beitrag1.html |date=2007-09-29 }}

Some German tribunals have commented on the imprudence of smoking while driving.{{cite web|url=http://www.ra-kotz.de/rauchen4.htm|title=Verkehrsunfall durch Rauchen im Fahrzeug – grob Fahrlässig? - RA Kotz|website=Rechtsanwälte Kotz|access-date=10 November 2017}} Despite that, smoking while driving is legal in Germany, even if children are present.{{Cite web |title=Wo gilt ein Rauchverbot im Auto? - Verkehrsrecht 2023 |url=https://www.bussgeldkatalog.org/rauchverbot-im-auto/ |access-date=2023-06-15 |website=bussgeldkatalog.org |language=de}} However, German politician Karl Lauterbach, the country's Federal Minister of Health, is planning to ban smoking in vehicles when children are present,{{Cite web |title=Karl Lauterbach plant Rauchverbot in Autos mit Kindern und Schwangeren |url=https://www.zeit.de/gesundheit/2023-07/bundesgesundheitsministerium-karl-lauterbach-rauchverbot-autos-kinder-schwangereinder-schwangere |access-date=2023-07-07 |website=www.zeit.de}} a measure supported by 87 % of German car drivers, according to an opinion poll conducted by the German Cancer Research Center. According to estimates of the German Cancer Research Center, around one million minors in Germany were exposed to smoking in cars as of 2022.{{Cite web |date=2022-04-29 |title=Rauchverbot im Auto? Bundesregierung sieht rechtliche Hürden |url=https://www.aerztezeitung.de/Politik/Rauchverbot-im-Auto-Bundesregierung-sieht-rechtliche-Huerden-428705.html |access-date=2023-10-08 |website=AerzteZeitung.de |language=de}}

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.[https://www.cancer.org/cancer/cancer-causes/tobacco-and-cancer/secondhand-smoke.html Article in America Cancer Society ]

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.{{cite journal|last1=Saber|first1=E.M.|last2=Bazargan|first2=M.|title=Dynamic behavior modeling of cigarette smoke particles inside the car cabin with different ventilation scenarios|journal=International Journal of Environmental Science and Technology|date=2011|volume=8|issue=4|pages=747–764|doi=10.1007/BF03326259|s2cid=94233092|url=http://www.bioline.org.br/abstract?id=st11069|hdl=1807/62963|hdl-access=free}}

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).{{cite web|url=http://www.ch-avignon.fr/sections/nous/etablissement/actualites/dossiers/tabac-environnement|archive-url=https://archive.today/20120722010826/http://www.ch-avignon.fr/sections/nous/etablissement/actualites/dossiers/tabac-environnement|url-status=dead|title=Centre Hospitalier Avignon: Le tabac et l'environnement|date=22 July 2012|archive-date=22 July 2012|access-date=10 November 2017}}

{{main|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.{{cite web|url=https://www.legislation.act.gov.au/a/2011-40/default.asp|title=Smoking in Cars with Children (Prohibition) Act 2011|website=www.legislation.act.gov.au|access-date=26 July 2020}} 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.{{Cite web |url=http://www.health.nsw.gov.au/tobacco/Pages/information_for_tobacco_retailers_and_consumers.aspx |title=Tobacco Retailing Laws, by the Government of New South Wales |access-date=2015-02-15 |archive-date=2015-06-23 |archive-url=https://web.archive.org/web/20150623194635/http://www.health.nsw.gov.au/tobacco/Pages/information_for_tobacco_retailers_and_consumers.aspx |url-status=dead }} An amendment added e-cigarettes on 1 December 2015.{{Cite web|date=26 July 2020|title=Ban the use of e-cigarettes in smoke-free public places|url=https://www.health.nsw.gov.au/tobacco/Pages/use-ecigs-in-public-places.aspx|website=NSW Government Health}}

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.{{cite news|url=http://www.abc.net.au/news/2014-10-31/nt-bans-smoking-in-car-with-children-under-16/5856410|title=NT becomes final jurisdiction to outlaw smoking in cars carrying children|newspaper=ABC News|date=31 October 2014|access-date=10 November 2017}}

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{{cite web|url=https://www.health.qld.gov.au/public-health/topics/atod/tobacco-laws/penalties|title=Penalties, Fines and Enforcement of Tobacco Laws|website=Queensland Health|access-date=26 July 2020}}

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.{{cite web|url=https://www.sahealth.sa.gov.au/wps/wcm/connect/public+content/sa+health+internet/public+health/smoking+the+rules+and+regulations/smoke-free+cars|title="Smoke-free cars", by the Government of South Australia|access-date=26 July 2020}}{{Cite web|title=Can you smoke in a car in Australia?|date=26 July 2020|url=https://www.driverknowledgetests.com/resources/can-you-smoke-in-a-car-in-australia/|access-date=26 July 2020}}

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.[http://www.theaustralian.com.au/archive/news/smoking-banned-in-cars-in-tasmania/story-e6frg6ox-1111115222279?nk=eb60744ec418f9c95f861d17cc0ea59f "Smoking banned in cars in Tasmania"] in The Australian

In Victoria a smoking ban in cars with minors under the age of 18 has existed since 1 January 2010.{{cite web|url=http://www.health.vic.gov.au/healthvictoria/feb10/ban.htm|title=Health Victoria News - Department of Health Victoria Australia|first=c=AU; st=Victoria; o=State Government of Victoria; ou1=Department of|last=Health|website=www.health.vic.gov.au|access-date=10 November 2017}}

In Western Australia a smoking ban in cars with minors under the age of 17 has existed since 22 September 2010.{{Cite web|title=Smoke-free in vehicles with children|url=https://healthywa.wa.gov.au/Articles/S_T/Smokefree-in-vehicles-with-children|access-date=26 July 2020|website=Department of Health}}

Since 13 April 2009, smoking in cars with accompanying children is banned in Bahrain.[http://njgasp.org/f_SF%20cars,kids,%20info,%20arguments.pdf GASP] {{webarchive|url=https://web.archive.org/web/20110727124238/http://njgasp.org/f_SF%20cars%2Ckids%2C%20info%2C%20arguments.pdf |date=2011-07-27 }}

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.[https://www.cbc.ca/news/canada/british-columbia/b-c-sets-109-fine-for-smoking-in-cars-with-kids-present-1.838560] 18 March 2009[http://www.torontosun.com/news/canada/2010/07/15/14718296.html] {{Webarchive|url=https://web.archive.org/web/20150617081839/http://www.torontosun.com/news/canada/2010/07/15/14718296.html|date=2015-06-17}} 15 July 2010[http://telegraphjournal.canadaeast.com/opinion/article/826998] 17 October 2009 Smoking is banned in vehicles with persons under the age of 19 present in Nova Scotia.[https://www.cbc.ca/news/canada/nova-scotia-bans-smoking-in-cars-with-children-as-of-april-1-1.708537 Nova Scotia bans smoking in cars with children as of April 1] 21 March 2008{{cite web|url=http://www.health.alberta.ca/initiatives/tobacco-reduction.html|title=Tobacco Reduction in Alberta: Alberta Health website|first=Alberta Health - Government of|last=Alberta|website=www.health.alberta.ca|access-date=10 November 2017}}

On Cyprus smoking in vehicles with minors under the age of 16 is prohibited.{{cite web|url=https://www.independent.co.uk/news/world/europe/europes-no-smoking-zones-521703.html|archive-url=https://web.archive.org/web/20080605200108/http://www.independent.co.uk/news/world/europe/europes-no-smoking-zones-521703.html|url-status=dead|archive-date=June 5, 2008|title=US|website=Independent.co.uk |access-date=10 November 2017}}{{cite web|url=http://our-cyprus.blogspot.com/2009/12/countdown-to-cyprus-smoking-ban.html|title=Our Cyprus|access-date=10 November 2017|url-status=dead|archive-url=https://archive.today/20120713110953/http://our-cyprus.blogspot.com/2009/12/countdown-to-cyprus-smoking-ban.html|archive-date=13 July 2012}}

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

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.{{Cite web|date=2019-08-05|title=Health Ministry: Heavy fines of up to €3,000 for smoking drivers|url=https://www.keeptalkinggreece.com/2019/08/05/greece-fine-smoking-drivers/|access-date=2020-07-26|website=Keep Talking Greece|language=en-US}}

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

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.{{cite web|url=https://www.drivingtests.co.nz/resources/are-you-allowed-to-smoke-with-children-in-the-car/|title=Are you allowed to smoke with children in the car?|date=June 2020|access-date=16 June 2020}}

A law prohibiting smoking in private vehicles with minors under the age of 12 has been voted.[http://www.news24.com/Content/SouthAfrica/Politics/1057/f43aee36897f40abb4a443f0f17e7438/31-08-2009-10-07/Tobacco_acts_signed_into_law South Afrika] {{webarchive|url=https://web.archive.org/web/20100109054618/http://www.news24.com/Content/SouthAfrica/Politics/1057/f43aee36897f40abb4a443f0f17e7438/31-08-2009-10-07/Tobacco_acts_signed_into_law |date=2010-01-09 }}

In Turkey, smoking in a vehicle has been prohibited since 2013 with the law numbered 4207{{cite book|access-date=6 March 2023|date=7 November 1996|language=tr|page=1|publisher=T.C. Resmî Gazete|title=Tütün Ürünlerinin Zararlarının Önlenmesi ve Kontrolü Hakkında Kanun|url=https://www.mevzuat.gov.tr/mevzuatmetin/1.5.4207.pdf}} in accordance with the smoke-free air policy.{{cite web|access-date=2023-03-05|date=2023-01-25|language=tr|title=Arabada sigara içme cezası ne kadar?|url=https://www.haberturk.com/arabada-sigara-icme-cezasi-ne-kadar-2023-ozel-aracta-sigara-icmenin-cezasi-htka-3559436|work=www.haberturk.com}} People who smoke are subject to fines.

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.{{cite web|url=http://www.thenational.ae/apps/pbcs.dll/article?AID=/20100108/NATIONAL/701079858/1133/opinion|title=UAE|access-date=10 November 2017|url-status=dead|archive-url=https://web.archive.org/web/20140201173917/http://www.thenational.ae/apps/pbcs.dll/article?AID=%2F20100108%2FNATIONAL%2F701079858%2F1133%2Fopinion|archive-date=1 February 2014}}

On 1 October 2015, smoking in vehicles with passengers under 18 was banned in England and Wales, except in convertibles.{{cite news|url=https://www.bbc.co.uk/news/health-31310685|title=England bans smoking in cars|date=11 February 2015|access-date=10 November 2017|work=BBC News}} 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.{{Cite news|title = Motorists alerted over upcoming ban on smoking in cars to prevent surge in fines|url = https://www.theguardian.com/society/2015/aug/11/motorists-alerted-ban-smoking-cars-prevent-surge-fines|newspaper = the Guardian|access-date = 23 September 2015|first = James|last = Meikle|date = 2015-08-11}} 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.{{Cite web|date=5 December 2016|title=The Scotland wide ban on smoking in cars starts today - here's what you need to know|url=https://www.glasgowlive.co.uk/news/glasgow-news/scotland-wide-ban-smoking-cars-12272784|website=GlasgowLive}}

While a ban was approved in 2016 in Northern Ireland,{{Cite news|date=2016-02-22|title=MLAs back ban on smoking in cars|language=en-GB|work=BBC News|url=https://www.bbc.com/news/uk-northern-ireland-35634760|access-date=2020-07-26}} it has yet to be enacted.{{Cite web|title=Smoking regulations in Northern Ireland|url=https://www.glasgowlive.co.uk/news/glasgow-news/scotland-wide-ban-smoking-cars-12272784|access-date=26 July 2020|website=NI Direct Government Services|date=5 December 2016}}

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.{{Cite web|title = Smoking at work: the law|url = https://www.gov.uk/smoking-at-work-the-law|website = gov.uk|access-date = 18 December 2016}}

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,{{Cite web | url=https://www.jerseylaw.je/Law/display.aspx?url=lawsinforce%5chtm%5cROFiles%5cR%26OYear2015%2fR%26O-060-2015.htm | title=Restriction on Smoking (Motor Vehicles) (Jersey) Regulations 2015}} after debate in the States Assembly and is the first place in the British Isles to enact a ban of this sort.{{cite news|url=https://www.bbc.co.uk/news/world-europe-jersey-28305726|title=Smoking banned in cars with children|date=15 July 2014|access-date=10 November 2017|work=BBC News}}

Smoking in cars with children under 18 was banned in the state of California in 2007,{{Cite web|url=http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=HSC§ionNum=118948.|title=Law section|website=leginfo.legislature.ca.gov|access-date=2018-06-05}} and is banned in certain counties and cities of Hawaii, Indiana, Kansas, New Jersey, New York, Kentucky,{{cite web|url=http://www.whas11.com/news/local/shepherdsville-city-council-bans-smoking-in-cars-with-kids/185023628|title=Shepherdsville City Council bans 'smoking in cars with kids'|last=TEGNA|access-date=10 November 2017}} 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.

Finland intends to ban smoking in cars while children are present. Furthermore, smoking in places where children are present is to be banned generally.{{cite web|url=http://www.helsinkitimes.fi/htimes/domestic-news/politics/8190-finland-to-ban-smoking-in-cars-carrying-children-.html|title=Russian shipbuilding company taking full ownership of Helsinki shipyard|last=HT|website=www.helsinkitimes.fi|access-date=10 November 2017}}

In Israel the introduction of a smoking ban in cars is being discussed in the Knesset.[http://fr.jpost.com/servlet/Satellite?cid=1251137325609&pagename=JPost/JPArticle/ShowFull Israel] {{webarchive|url=https://web.archive.org/web/20110916214111/http://fr.jpost.com/servlet/Satellite?cid=1251137325609&pagename=JPost%2FJPArticle%2FShowFull |date=2011-09-16 }}

Similar plans exist in the Netherlands.[http://www.ash.ie/News/Latest_News/ASH_launch_campaign.html ASH Ireland (Netherlands mentioned)] {{webarchive|url=https://web.archive.org/web/20090504133925/http://www.ash.ie/News/Latest_News/ASH_launch_campaign.html |date=2009-05-04 }}

{{main|Smoking in Taiwan}}

Taiwan plans to ban smoking while driving a car, riding a bike or walking on a sidewalk.{{cite news

| url= http://www.bangkokpost.com/news/asia/162396/taiwan-aims-to-ban-smoking-while-walking

| title= Taiwan aims to ban smoking while walking

| publisher= Bangkok Post

| date= November 12, 2009

}} {{cite web|url=https://www.google.com/hostednews/afp/article/ALeqM5gzDVoZzNQFqkQZwV7ZbOoU_qThSw|archive-url=https://web.archive.org/web/20111009231914/http://www.google.com/hostednews/afp/article/ALeqM5gzDVoZzNQFqkQZwV7ZbOoU_qThSw|url-status=dead|archive-date=October 9, 2011|title=Taiwan bans smoking while walking|access-date=10 November 2017}} The rationale is the concern about traffic security and air pollution.

• [https://web.archive.org/web/20120302234733/http://tobaccofree.nzdis.org/ Tobacco Free awareness action - How many people smoke in cars]

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