Motorists could be fined up to £5,000 if vaping inside a vehicle affects their ability to drive safely, according to legal experts. The warning comes as police can charge drivers with driving without due care and attention if vapour from themselves or a passenger causes a distraction or obscures their view of the road.
Legal Risks for Drivers and Passengers
Markus Lindblad, head of legal and external affairs at Northerner, said there is no specific UK legislation that bans vaping in a private vehicle. However, drivers can still face penalties if clouds of vapour impair their control or visibility.
If police determine a driver is not in proper control of their vehicle, they could face a £100 fixed penalty notice and three points on their licence. In more serious cases, a court fine of up to £5,000 and up to nine points could be imposed.
Distinction Between Smoking and Vaping
Smoking in a vehicle carrying anyone under 18 is already illegal. In such cases, both the smoker and the driver can each be fined £50, as the driver bears legal responsibility for preventing it.
Vaping is not yet covered by the same regulations, but the UK Government has explored extending similar restrictions. Proposals to ban vaping and heated tobacco products in private vehicles carrying passengers under 18 form part of the Tobacco and Vapes Bill, which is currently being reviewed following the close of public consultation in May 2026.
Future Legislation and Advice
The Department of Health and Social Care has confirmed that the government's response will be published "in due course". Formal legislative changes are expected to come into force in 2027 as secondary branches to the main law, which received Royal Assent and was enacted in April 2026.
For anyone considering vaping during a journey, the advice is to wait until safely pulled over. Lindblad also suggested that nicotine pouches could serve as an alternative, as they produce no vapour that might distract a driver or impair visibility on the road.
