Vaping And Driving

May 14, 2020

If you are used to driving and vaping at the same time, you need to know that there is a new vaping law about this situation. However, you also need to keep in mind that when a vaper is operating a vehicle such as driving a car, he may be practicing careless driving. After all, if you think about the times when you are vaping, big clouds form around you. This means that it may be a potentially dangerous situation which you need to avoid. 

Notice that every state has a law regarding texting and driving. According to the law, this is referred to as the use of a “portable electronic device” while driving. So, if you think about it, when you are vaping, you are also using a portable electronic device. This means that the law enforcement officer may issue a ticket for vaping and driving.  

The Impact Of Low Visibility

As we already mentioned above, one of the main problems, when you are driving and vaping, is the big clouds that form. So, if you think about this, we don't need to tell you that the law includes safety standards for windshields and requires things like working wipers. 

Even though there isn't a specific law regarding electronic cigarette vapor, almost all states have language in the law related to “obstruction.” This means that essentially anything that can obstruct the view may be considered a violation.
Just to give you a couple of examples, in the Alabama law, there cannot be any non-transparent material covering the windshield, side, or rear windows. In the case of Wisconsin, no items can be suspended between the driver and the windshield that could obscure vision.

Notice that these are just two examples. Many more are spread all over the country. For example, cloud chasing in a vehicle to the extent that the view is obstructed could be cited as a violation according to windshield laws in every state. 

Vaping And Driving With Kids In The Car

Keep in mind that if you have children and you are driving and vaping when they are inside the car, you may get a ticket in some states. According to their law, it's prohibited vaping and driving in cars with children.

In California, for example, it is illegal to smoke or vape in a vehicle with a minor. 
If you are vaping and driving with a kid in the car, you can get a ticket and a $100 fine. As a rule of thumb, if it is prohibited by law to smoke in a vehicle with a minor inside the vehicle, do not vape. 

Keep in mind that most tobacco laws are being adapted to vaping. 

When In Doubt...

For example, according to the New York state law, drivers can not operate a vehicle while operating any of the following:

hand-held mobile telephone,
personal digital assistant,
handheld devise with mobile data access,
laptop computer,
pager,
a broadband personal communication device,
a two-way messaging device,
electronic game,
portable computing device.

While there is no reference to the electronic cigarette, it is considered a portable computing device. So, you may get a ticket if you are caught driving and vaping. 

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