Vaping while driving could be illegal, say police

Vaping while driving could be a crime in some circumstances, according to police.

Senior officers have said that although vaping while driving isn’t technically illegal, handheld electronic cigarettes have the potential to distract motorists.

If a driver is found to have been distracted as a result of vaping, they could face the same penalty as for using a mobile phone behind the wheel, which can include disqualification from driving, three, six or nine points on their driving licence and a fine of up to £2,500.

One way it has been suggested that vaping could distract drivers is the large amount of vapour produced by e-cigarettes, which could potentially obscure vision.

Sgt Carl Knapp, of the Surrey and Sussex Roads Policing Unit, said: “The smoke caused by vapes is a distraction, and the consequences can be dire.

“All it takes is a moment to become distracted and potentially cause a crash or, even worse, a fatality.

“There are no laws prohibiting vaping. However, you need to be in full and proper control of your vehicle at all times.

“If you are going to vape, I advise that you open your windows and blow the vapour directly out – but ensure that you are in full control of your vehicle before doing so.”

Sgt John Davis, of Surrey Police, added: “Firstly, any person who is distracted in any way could be guilty of an offence – whether that be smoking, vaping, eating, etc.

“With regards to vaping and whether there is an additional risk with large volumes of vapour, that would depend on whether it was regular vaping or sub-ohm vaping – that’s the type that gives huge amounts of vapour, while regular vaping gives similar or less ‘smoke’ or, more correctly, vapour, than a regular cigarette.

“With regards to a scenario where someone could be either distracted or have reduced visibility, then there is potential, but it’s certainly not something we have come across, whereas mobile phone distraction is a regular distraction that we come across in fatal/serious collisions.

“However, I am unaware of any studies, either in the UK or elsewhere, where the effects of vaping have been looked at. In investigations that we conduct, any distraction would need to be dealt with on a case-by-case basis.

“With regards a national discussion, it hasn’t been raised as an issue, so it’s unlikely to be discussed at a national level. The Highway Code also covers distractions, as does the law.

“It would be impractical to bring in a law for any new ‘distraction’ that comes along. The mobile phone laws were brought in and then penalties increased because it became a very real problem.”

By Tristan Shale-Hester