Smoking bans in private vehicles

Last updated

Smoking bans in private vehicles are enacted to protect passengers from secondhand smoke and to increase road traffic safety, e.g. by preventing the driver from being distracted by the act of smoking. Smoking bans in private vehicles are less common than bans extended to public transport or vehicles used during work, like trucks or police cars.

Contents

Traffic security

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. [1] Some German tribunals have commented on the imprudence of smoking while driving. [2] Despite that, smoking while driving is legal in Germany, even if children are present. [3] However, German politician Karl Lauterbach, the country's current Federal Minister of Health, is planning to ban smoking in vehicles when children are present, [4] a measure supported by 87 % of German car drivers, according to an opinion poll conducted by the German Cancer Research Center. [3] According to estimates of the German Cancer Research Center, around one million minors in Germany were exposed to smoking in cars as of 2022. [5]


Protection from secondhand smoke

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. [6] 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. [7]

Wildfires

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). [8]

Jurisdictions with a smoking ban in private vehicles

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. [9] 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. [10] An amendment added e-cigarettes on 1 December 2015. [11]

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. [12]

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 [13]

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. [14] [15]

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. [16]

In Victoria a smoking ban in cars with minors under the age of 18 has existed since 1 January 2010. [17]

In Western Australia a smoking ban in cars with minors under the age of 17 has existed since 22 September 2010. [18]

Bahrain

Since 13 April 2009, smoking in cars with accompanying children is banned in Bahrain. [19]

Canada

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. [20] [21] [22] Smoking is banned in vehicles with persons under the age of 19 present in Nova Scotia. [23] [24]

Cyprus

On Cyprus smoking in vehicles with minors under the age of 16 is prohibited. [25] [26]

France

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

Greece

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. [27]

Mauritius

On Mauritius smoking is prohibited in any car carrying passengers, since 2008. [19]

New Zealand

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. [28]

South Africa

A law prohibiting smoking in private vehicles with minors under the age of 12 has been voted. [29]

Turkey

In Turkey, smoking in a vehicle has been prohibited since 2013 with the law numbered 4207 [30] in accordance with the smoke-free air policy. [31] People who smoke are subject to fines. [31]

United Arab Emirates

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. [32]

United Kingdom

On 1 October 2015, smoking in vehicles with passengers under 18 was banned in England and Wales, except in convertibles. [33] 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. [34] 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. [35]

While a ban was approved in 2016 in Northern Ireland, [36] it has yet to be enacted. [37]

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. [38]

Jersey

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, [39] after debate in the States Assembly and is the first place in the British Isles to enact a ban of this sort. [40]

United States

Smoking in cars with children under 18 was banned in the state of California in 2007, [41] and is banned in certain counties and cities of Hawaii, Indiana, Kansas, New Jersey, New York, Kentucky, [42] 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.

Planned smoking bans in private vehicles

Finland

Finland intends to ban smoking in cars while children are present. Furthermore, smoking in places where children are present is to be banned generally. [43]

Israel

In Israel the introduction of a smoking ban in cars is being discussed in the Knesset. [44]

Netherlands

Similar plans exist in the Netherlands. [45]

Taiwan

Taiwan plans to ban smoking while driving a car, riding a bike or walking on a sidewalk. [46] [47] The rationale is the concern about traffic security and air pollution.

Related Research Articles

<span class="mw-page-title-main">Cigarette</span> Small roll of tobacco made to be smoked

A cigarette is a narrow cylinder containing a combustible material, typically tobacco, that is rolled into thin paper for smoking. The cigarette is ignited at one end, causing it to smolder; the resulting smoke is orally inhaled via the opposite end. Cigarette smoking is the most common method of tobacco consumption. The term cigarette, as commonly used, refers to a tobacco cigarette, but the word is sometimes used to refer to other substances, such as a cannabis cigarette or a herbal cigarette. A cigarette is distinguished from a cigar by its usually smaller size, use of processed leaf, different smoking method, and paper wrapping, which is typically white.

<span class="mw-page-title-main">Tobacco smoking</span> Practice of burning tobacco and breathing the resulting smoke

Tobacco smoking is the practice of burning tobacco and ingesting the resulting smoke. The smoke may be inhaled, as is done with cigarettes, or simply released from the mouth, as is generally done with pipes and cigars. The practice is believed to have begun as early as 5000–3000 BC in Mesoamerica and South America. Tobacco was introduced to Eurasia in the late 17th century by European colonists, where it followed common trade routes. The practice encountered criticism from its first import into the Western world onwards but embedded itself in certain strata of a number of societies before becoming widespread upon the introduction of automated cigarette-rolling apparatus.

<span class="mw-page-title-main">Smoking ban</span> Law prohibiting tobacco smoking in a given space

Smoking bans, or smoke-free laws, are public policies, including criminal laws and occupational safety and health regulations, that prohibit tobacco smoking in certain spaces. The spaces most commonly affected by smoking bans are indoor workplaces and buildings open to the public such as restaurants, bars, office buildings, schools, retail stores, hospitals, libraries, transport facilities, and government buildings, in addition to public transport vehicles such as aircraft, buses, watercraft, and trains. However, laws may also prohibit smoking in outdoor areas such as parks, beaches, pedestrian plazas, college and hospital campuses, and within a certain distance from the entrance to a building, and in some cases, private vehicles and multi-unit residences.

<span class="mw-page-title-main">Smoking bans in the United Kingdom</span> Laws restricting cigarettes in the UK

A smoking ban in England, making it illegal to smoke in all enclosed workplaces in England, came into force on 1 July 2007 as a consequence of the Health Act 2006. Similar bans had already been introduced by the rest of the United Kingdom: in Scotland on 26 March 2006, Wales on 2 April 2007 and Northern Ireland on 30 April 2007. Plain tobacco packaging and a smoking ban in cars with passengers under 18 were introduced under Children and Families Act 2014.

<span class="mw-page-title-main">Prevalence of tobacco use</span> Percentage of population smoking tobacco

Prevalence of tobacco use is reported by the World Health Organization (WHO), which focuses on cigarette smoking due to reported data limitations. Smoking has therefore been studied more extensively than any other form of consumption.

<span class="mw-page-title-main">Smoking in New Zealand</span>

The use of tobacco for smoking in New Zealand has been subjected to government regulation for a number of decades. On 10 December 2004, New Zealand became the third country in the world to make all indoor workplaces including bars and restaurants smoke-free. The smoking rate in New Zealand was about 8% as of 2023 when the new government planned to eliminate the nation's smoking ban to fund tax cuts.

Smoking in China is prevalent, as the People's Republic of China is the world's largest consumer and producer of tobacco. As of 2022, there are around 300 million Chinese smokers, and 2.4 trillion cigarettes are sold there every year, 46% of the world total.

<span class="mw-page-title-main">Smoking in Singapore</span>

Smoking in Singapore is subjected to restrictions enacted through various legislations such as the Smoking Act, which was first enacted in 1970.

<span class="mw-page-title-main">Smoking in Syria</span>

Smoking in Syria is steadily increasing in popularity amongst the Syrian population, mainly in the forms of cigarettes or narghiles. In Syria, the General Organization of Tobacco manages the growth and exportation of tobacco products. Syrians collectively spend about $600 million per year on tobacco consumption. As of 2010, 20% of women and 60% of men smoke and 98% of the overall population is affected by passive smoking. Narghiles and cigarettes are the two main forms of tobacco consumption. Despite the assumption that smoking, specifically the narghile, is embedded in Syrian culture, this phenomenon has only recently become widespread. Health officials are currently working on smoking cessation programs and policies, to remove this idea that smoking in Syria is an essential part of the culture, to educate regarding health effects, and to prevent citizens from smoking in public places.

<span class="mw-page-title-main">Smoking in Canada</span>

SmokinginCanada is banned in indoor public spaces, public transit facilities and workplaces, by all territories and provinces, and by the federal government. As of 2010, legislation banning smoking within each of these jurisdictions is mostly consistent, despite the separate development of legislation by each jurisdiction. Notable variations between the jurisdictions include: whether, and in what circumstances ventilated smoking rooms are permitted; whether, and up to what distance away from a building is smoking banned outside of a building; and, whether smoking is banned in private vehicles occupied by children.

Smoking in Ireland is banned fully in the general workplace, enclosed public places, restaurants, bars, education facilities, healthcare facilities and public transport. However, it is permitted in designated hotel rooms and there is no ban in residential care, prisons and in outdoor areas. Public opinion is in favour of the bans on smoking which are in place in Ireland.

<span class="mw-page-title-main">Smoking in Germany</span>

In Germany, smoking is widespread and is subject to very few and lax regulations compared to other countries in Europe. Tobacco taxes in Germany are among the lowest in Europe. Germany ranks last on the Tobacco Control Scale and has sometimes been referred to as the "smoker's paradise" of Europe. According to German addiction researcher Heino Stöver, Germany has "[...] more cigarette vending machines than any other country in the world."

Smoking in South Korea has decreased overall for both men and women in the past decades. However, a high prevalence of tobacco use is still observed, especially with the rise of novel tobacco products such as e-cigarettes and heat-not-burn tobacco products. There are socioeconomic inequalities in smoking prevalence according to gender, income, education, and occupational class. Advocates call for measures to reduce the smoking rates and address smoking inequalities using a combination of monitoring and tobacco control policies. These measures include significant price hikes, mandatory warning photos on cigarette packs, advertising bans, financial incentives, medical help for quitting, and complete smoking bans in public places.

<span class="mw-page-title-main">Smoking in Greece</span>

Smoking in Greece was at the highest rate of tobacco consumption in the European Union in 2010. In 2014, Greece had the highest rate of smoking in the European Union. According to a survey published by the European Commission Day for World No Tobacco Day in 2017, 37% of Greeks are smokers and only 44% of Greeks have never smoked a cigarette, the smallest percentage in the EU. After Greece, France and Bulgaria have the next largest number of smokers with 36%.

<span class="mw-page-title-main">Smoking in the United Kingdom</span>

Smoking in the United Kingdom involves the consumption of combustible cigarettes and other forms of tobacco in the United Kingdom, as well as the history of the tobacco industry, together with government regulation and medical issues.

<span class="mw-page-title-main">Smoking in Iran</span>

Smoking in Iran has been banned in all public places since 2007. This includes all state bodies, hotels. A smoking ban for all car drivers nationwide was implemented in March 2006, and although offenders can face fines, the ban has been widely ignored. The sale of tobacco products to anyone under the age of 18 is prohibited and is punishable by the confiscation of the vendor's tobacco products and a fine.

<span class="mw-page-title-main">Smoking in North Korea</span>

Tobacco smoking is popular in North Korea and culturally acceptable among men, but not for women. As of 2019, some 43.6% of men are reported to smoke daily, whilst in contrast only 4.5% of women smoke daily, with most of these being older women from rural areas. Smoking is a leading cause of death in North Korea, and as of 2021 mortality figures indicate that 14.2% of North Koreans die due to smoking-related causes, which is the 6th highest rate after China, Greenland, Kiribati, Denmark and Micronesia. There are tobacco control programs in North Korea, and although smoking was not prohibited in all public spaces, the smoking rates have declined since their peak in the 2000s.

<span class="mw-page-title-main">Tobacco policy in Armenia</span>

Tobacco policy in Armenia is the attempt by the Armenian authorities to regulate smoking in Armenia. Tobacco laws and regulations are controlled by the Ministry of Health of Armenia. Armenian men tend to be the most common tobacco users, as 42.5% of men over the age of 15 smoke.

References

  1. ↑ SWR: Diskussion – Rauchen im Auto (in German) Archived 2007-09-29 at the Wayback Machine
  2. ↑ "Verkehrsunfall durch Rauchen im Fahrzeug – grob Fahrlässig? - RA Kotz". Rechtsanwälte Kotz. Retrieved 10 November 2017.
  3. 1 2 "Wo gilt ein Rauchverbot im Auto? - Verkehrsrecht 2023". bussgeldkatalog.org (in German). Retrieved 2023-06-15.
  4. ↑ "Karl Lauterbach plant Rauchverbot in Autos mit Kindern und Schwangeren". www.zeit.de. Retrieved 2023-07-07.
  5. ↑ "Rauchverbot im Auto? Bundesregierung sieht rechtliche Hürden". AerzteZeitung.de (in German). 2022-04-29. Retrieved 2023-10-08.
  6. ↑ Article in America Cancer Society
  7. ↑ Saber, E.M.; Bazargan, M. (2011). "Dynamic behavior modeling of cigarette smoke particles inside the car cabin with different ventilation scenarios". International Journal of Environmental Science and Technology. 8 (4): 747–764. doi:10.1007/BF03326259. hdl: 1807/62963 . S2CID   94233092.
  8. ↑ "Centre Hospitalier Avignon: Le tabac et l'environnement". 22 July 2012. Archived from the original on 22 July 2012. Retrieved 10 November 2017.
  9. ↑ "Smoking in Cars with Children (Prohibition) Act 2011". www.legislation.act.gov.au. Retrieved 26 July 2020.
  10. ↑ "Tobacco Retailing Laws, by the Government of New South Wales". Archived from the original on 2015-06-23. Retrieved 2015-02-15.
  11. ↑ "Ban the use of e-cigarettes in smoke-free public places". NSW Government Health. 26 July 2020.
  12. ↑ "NT becomes final jurisdiction to outlaw smoking in cars carrying children". ABC News. 31 October 2014. Retrieved 10 November 2017.
  13. ↑ "Penalties, Fines and Enforcement of Tobacco Laws". Queensland Health. Retrieved 26 July 2020.
  14. ↑ ""Smoke-free cars", by the Government of South Australia" . Retrieved 26 July 2020.
  15. ↑ "Can you smoke in a car in Australia?". 26 July 2020. Retrieved 26 July 2020.
  16. ↑ "Smoking banned in cars in Tasmania" in The Australian
  17. ↑ Health, c=AU; st=Victoria; o=State Government of Victoria; ou1=Department of. "Health Victoria News - Department of Health Victoria Australia". www.health.vic.gov.au. Retrieved 10 November 2017.{{cite web}}: CS1 maint: multiple names: authors list (link) CS1 maint: numeric names: authors list (link)
  18. ↑ "Smoke-free in vehicles with children". Department of Health. Retrieved 26 July 2020.
  19. 1 2 GASP Archived 2011-07-27 at the Wayback Machine
  20. ↑ 18 March 2009
  21. ↑ Archived 2015-06-17 at the Wayback Machine 15 July 2010
  22. ↑ 17 October 2009
  23. ↑ Nova Scotia bans smoking in cars with children as of April 1 21 March 2008
  24. ↑ Alberta, Alberta Health - Government of. "Tobacco Reduction in Alberta: Alberta Health website". www.health.alberta.ca. Retrieved 10 November 2017.
  25. ↑ "US". Independent.co.uk . Archived from the original on June 5, 2008. Retrieved 10 November 2017.
  26. ↑ "Our Cyprus". Archived from the original on 13 July 2012. Retrieved 10 November 2017.
  27. ↑ "Health Ministry: Heavy fines of up to €3,000 for smoking drivers". Keep Talking Greece. 2019-08-05. Retrieved 2020-07-26.
  28. ↑ "Are you allowed to smoke with children in the car?". June 2020. Retrieved 16 June 2020.
  29. ↑ South Afrika Archived 2010-01-09 at the Wayback Machine
  30. ↑ Tütün Ürünlerinin Zararlarının Önlenmesi ve Kontrolü Hakkında Kanun (PDF) (in Turkish). T.C. Resmî Gazete. 7 November 1996. p. 1. Retrieved 6 March 2023.
  31. 1 2 "Arabada sigara içme cezası ne kadar?". www.haberturk.com (in Turkish). 2023-01-25. Retrieved 2023-03-05.
  32. ↑ "UAE". Archived from the original on 1 February 2014. Retrieved 10 November 2017.
  33. ↑ "England bans smoking in cars". BBC News. 11 February 2015. Retrieved 10 November 2017.
  34. ↑ Meikle, James (2015-08-11). "Motorists alerted over upcoming ban on smoking in cars to prevent surge in fines". the Guardian. Retrieved 23 September 2015.
  35. ↑ "The Scotland wide ban on smoking in cars starts today - here's what you need to know". GlasgowLive. 5 December 2016.
  36. ↑ "MLAs back ban on smoking in cars". BBC News. 2016-02-22. Retrieved 2020-07-26.
  37. ↑ "Smoking regulations in Northern Ireland". NI Direct Government Services. 5 December 2016. Retrieved 26 July 2020.
  38. ↑ "Smoking at work: the law". gov.uk. Retrieved 18 December 2016.
  39. ↑ "Restriction on Smoking (Motor Vehicles) (Jersey) Regulations 2015".
  40. ↑ "Smoking banned in cars with children". BBC News. 15 July 2014. Retrieved 10 November 2017.
  41. ↑ "Law section". leginfo.legislature.ca.gov. Retrieved 2018-06-05.
  42. ↑ TEGNA. "Shepherdsville City Council bans 'smoking in cars with kids'" . Retrieved 10 November 2017.
  43. ↑ HT. "Russian shipbuilding company taking full ownership of Helsinki shipyard". www.helsinkitimes.fi. Retrieved 10 November 2017.
  44. ↑ Israel Archived 2011-09-16 at the Wayback Machine
  45. ↑ ASH Ireland (Netherlands mentioned) Archived 2009-05-04 at the Wayback Machine
  46. ↑ "Taiwan aims to ban smoking while walking". Bangkok Post. November 12, 2009.
  47. ↑ "Taiwan bans smoking while walking". Archived from the original on October 9, 2011. Retrieved 10 November 2017.
This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.