Can You Smoke While Driving in the UK?

Lighting a cigarette behind the wheel might seem like a personal choice—but depending on where you are, it could land you with a fine or worse. So, can you smoke while driving in the UK? The answer is: yes, it’s not outright illegal—but there are key exceptions and risks to be aware of.

Here’s what the law says in the UK, how it compares to other countries, and why smoking while driving isn’t always as straightforward as it seems.

Smoking While Driving in the UK – Is It Legal?

Yes, smoking while driving is legal in the UK, as long as you're not carrying passengers under the age of 18 in a private vehicle. However, even when it’s technically legal, smoking behind the wheel could still result in fines or penalties in certain situations.

Key laws and rules:

• It is illegal to smoke in a car (or any private vehicle) with anyone under 18 present – This law has been in place since 2015 and applies to both the driver and passengers.

• It is not illegal to smoke while driving alone or with adult passengers, but it must not distract you or impair your ability to control the vehicle.

• You could still be penalised under careless driving laws if smoking causes you to lose focus or control. For example, if you drop a lit cigarette and swerve, you could be fined for driving without due care and attention.

The maximum penalty for careless driving is:

• An unlimited fine

• Up to 9 penalty points

• Disqualification from driving in serious cases

Is Vaping While Driving Legal in the UK?

Vaping is not banned while driving, but the same rules apply: it must not distract you or impair your vision (e.g. blowing large clouds that obscure the windscreen). Police have warned that drivers could be prosecuted if vaping causes loss of control or visibility, even though vaping itself isn’t illegal.

Smoking in Work Vehicles

If the vehicle is used for work purposes and shared, smoking is banned under UK smoke-free legislation. This includes:

• Company vans

• Pool cars

• Taxis and minicabs

• Public transport (buses, coaches, trains)

Even if you're alone in the vehicle at the time, if it's classed as a workplace vehicle, smoking is not permitted.

What Happens If You're Caught Smoking Illegally?

If you smoke in a vehicle with someone under 18:

• Both the driver and the smoker (if they are different people) can be fined £50 each

If you're smoking in a banned workplace vehicle or are distracted while driving, you could face further penalties under health and safety or road traffic laws.

Smoking While Driving in Other Countries

Rules vary around the world. Here’s how smoking in the car is treated in other countries:

Australia

• Banned in most states when children are present (under 16 or 18, depending on the state)

• Offenders can be fined hundreds of dollars

United States

• No federal law, but several states (including California, Arkansas, and Louisiana) ban smoking in cars with minors

• Fines and age limits vary by state

Canada

• Smoking in a vehicle with children is banned in many provinces, such as Ontario and British Columbia

• Penalties vary but can include heavy fines

France

• Illegal to smoke in a car with passengers under 18

• Fine of €68

South Africa

• Smoking in a car with children under 12 is banned

• Can result in fines or prosecution

In general, smoking with minors in the vehicle is banned or restricted in many parts of the world, and enforcement is getting stricter.

Final Word

In the UK, you can legally smoke while driving—but only if you're not carrying passengers under 18 and you're not distracted from the road. That said, lighting up behind the wheel comes with its own risks, from health and safety concerns to the potential for fines under careless driving laws.

Many other countries have introduced stricter rules—particularly to protect children from second-hand smoke. So if you're driving abroad, it’s always worth checking the local regulations before lighting up.

Whether legal or not, smoking while driving is best avoided. For your own safety, and for others on the road, staying focused behind the wheel should always come first.