Is It Illegal to Vape While Driving: UK?

Can you legally vape while driving? It's a question a lot of us have - especially due to the 2015 law that banned smoking in the car when travelling with anyone under 18 (Public Health Agency). These law changes were to prevent younger people from the risks of secondhand smoke.

As vaping is still relatively new, you might be wondering whether you can legally - and safely - vape while driving. We'll cover everything you need to know about vaping while driving in this post.

Can I Vape While Driving in the UK? The Short Answer

There are no laws prohibiting vaping while driving in the UK. However, it's important to remember that using vaping devices when you're driving can cause lapses in attention span.

Even taking your eyes off the road for a couple of seconds can have severe consequences, including crashes, injuries, and legal action.

So, while vaping isn't illegal, there are risks to be aware of.

When Might I Get in Trouble for Using a Vape Behind the Wheel?

While you won't get in trouble for using a vape, there might be some cases where vaping indirectly results in legal consequences. These include:

• Large Vape Clouds: Using sub-ohm devices is great for producing large vapour clouds, but the denseness of these clouds might restrict your vision.

• Not Steering Correctly: Many of us find that one hand naturally slips off the wheel when cruising along, but holding a vape can make it hard to react if you need to turn quickly.

• Losing Attention: Taking your eyes off the road can cause an accident.

Is Second-Hand Vapour Dangerous?

The dangers of second-hand smoke are well documented, spanning from increased risks of respiratory conditions to higher risks of developing lung cancer. While vaping is still relatively new, there's no current evidence to suggest that second-hand vapour can be damaging (Cancer Research).

Second-hand vapour does contain small amounts of nicotine, but in a much lower concentration than cigarette smoke.

Can Vaping Cause Distracted Driving?

The main issue with vaping while driving is that it can lead to distractions. Even minor lapses in attention can cause severe road traffic accidents. There are three main types of distracted driving to be aware of:

1. Manual Distraction: Taking your hands off the wheel at any point.

2. Visual Distraction: Not looking at the road - even if you turn your head for a split second.

3. Cognitive Distraction: Losing general focus while driving.

Even though vaping itself isn't illegal when driving in the UK, there may be some cases where vaping leads to accidents and legal consequences.

Examples of Distracted Driving When Vaping:

• Taking a puff of your vape while you're in fast-moving traffic. Even if your hand is on the wheel, taking your eyes off the road can lead to an accident.

• Changing the power setting and airflow, or topping up your vape with e-liquid. This requires attention and both hands, so accidents are inevitable.

• Losing visibility due to large vapour clouds.

Which Driving Laws Apply to Vaping?

Even though there isn't a specific law on using vapes while you're driving, you'll still need to factor in laws from the Road Traffic Act (1988). These include:

Section 2 of The Road Traffic Act

Section two of the Road Traffic Act focuses on dangerous driving. The law clearly states that it's an offence for anyone to use a vehicle dangerously on a road or in a public place. This includes losing control of your vehicle and acting in ways that can harm other road users.

For example, if you lose control of the car due to impaired visibility from vapour, it's classed as unsafe driving.

Inconsiderate of Careless Driving (Section 3)

When you use a road, you're agreeing to take responsibility and think about other road users. Careless or distracted driving includes not paying attention to the road, failing to take steps to protect other road users' lives, and driving below the agreed standard.

For example, if you take your eyes off the road to fill your vape or adjust the settings, it can be classed as careless driving.

The Penalties for Careless or Dangerous Driving in the UK

If you're caught vaping while driving dangerously or you cause an accident, it can lead to a range of consequences. The potential penalties depend on whether it's your first offence and if you caused an accident:

• Careless Driving: Minor offences may result in a £100 fine. Serious offences can mean accumulating three to nine points on your driving license, and up to a £5,000 fine.

• Dangerous Driving: Up to 11 points on your driving license, unlimited fines, disqualification, and even prison time if you cause a serious injury or death.

How to Stay Safe While Vaping and Driving

When driving, your main priority should be maintaining full and proper control of the vehicle at all times. However, if you find yourself needing to take a few puffs of your vape, here are some tips for staying safe on the road:

• Use Pre-Filled Pods: Pre-filled pod devices eliminate the need for refills while driving. Opting for a pod with multiple refills - like the 88Vape Quad Pod - ensures that you can satisfy your nicotine cravings on the road.

• Use Low-Powered Devices: Powerful sub-ohm vape kits can obscure vision, but traditional MTL electronic cigarettes create less vapour, which can help you maintain full control and visibility.

• Plan Ahead: Check your vape settings before you leave to ensure that you can properly control the car without messing around with your device.

• Don't Vape in Traffic: Even a small lapse in concentration in heavy traffic means you could face legal consequences.

• Check Car Rules: If you have a company car or a lease agreement, it's worth checking whether it prohibits vaping in the vehicle.

Final Thoughts

Unlike smoking, vaping while driving isn't banned. However, failing to take reasonable consideration for other road users and not paying attention to the road can lead to penalty points, fines, disqualifications, and even prison sentences.

Following the tips in this post should help you stay safe and compliant on the road. If you need further guidance, please don't hesitate to contact us today.