DRIVERS caught vaping or using e-cigarettes behind the wheel have been warned they could face a hefty penalty, especially if clouds of vapour obscure their vision.
But even if you're not surrounded by a cloud of vapour because you have a window open, is it still illegal to vape while driving?
Is it illegal to vape in the car?
While vaping isn't illegal, drivers who are distracted by e-cigarette smoke can be prosecuted for driving without due care and attention.
The vape clouds can produce similar visual impairments to glare from the sun, which can often cause fatal accidents.
How much can I be fined for using an electronic cigarette in my car?
Police can hit you with a £100 on-the-spot fine and three penalty points if they believe the clouds of smoke impact your ability to drive safely.
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And 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.
The practice can also impact your insurance if you're involved in an accident.
Insurers aren't likely to cover any damage or injuries sustained in a crash if your vision is impacted by a plume of smoke.
Can I be fined for using an e-cigarette?
The law in England and Wales does not ban vaping in vehicles, but it certainly does prohibit smoking in a car.
Whether you're the driver or a passenger, if there are people in the car who are under 18.
If the driver is not the smoker, both could be fined £50.
Before the election was announced, Prime Minister Rishi Sunak said that disposable vapes would be banned to tackle the rise in youths taking up the habit.
Trading standards officers will be able to dish out on-the-spot fines to shops illegally selling vapes to kids, on top of the £2,500 penalty currently imposed by councils.
Why is vaping while driving dangerous?
More than three million people in the UK use e-cigarettes, many of them while behind the wheel.
Nick Lloyd, head of road safety at Royal Society for the Prevention of Accidents, said: "Distracted driving is a leading cause of road accidents in the UK.
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"Any secondary activity which takes eyes off the road is potentially dangerous.
"As well as being a physical distraction, vaping while behind the wheel can create visibility problems if clouds of vapour are produced.
"Although it is not currently prohibited in law, drivers choosing to vape while on the road is a growing and concerning trend.
"If using an electronic cigarette whilst driving causes a motorist to become involved in a collision, then the activity could be considered careless driving - which is an offence."
Are passengers allowed to vape?
The Children and Families Act 2015 made smoking in cars with children (defined as being under 18) an offence.
The rules don't apply to e-cigarettes though.
So car passengers can vape, but it is worth remembering not to obscure the driver's vision with the smoke and best to keep a window open.
The same laws that penalise drivers for having a windscreen or windows obscured by dirt or snow, for instance, can be applied to those whose view is obstructed by vape smoke.
In the UK, this law falls under Section 41D of the Road Traffic Act 1988, and it carries a fine that can range up to £2,000.
Moreover, should an accident occur as a result of this impaired visibility, it can be considered as 'careless driving,' which carries even more serious consequences, including larger fines, higher insurance premiums, or even a driving ban.
