Is It Illegal to Vape and Drive in New York? Here’s What the Law Says

Posted by Carens December 18, 2024
Is It Illegal to Vape and Drive in New York? Here's What the Law Says

While there is no specific law in New York that explicitly prohibits vaping while driving, there are several regulations and potential legal consequences to consider:

Distracted Driving Laws

Vaping while driving could potentially be considered distracted driving in New York. If a police officer determines that vaping is interfering with your ability to operate a vehicle safely, you could face penalties.

These may include:

  • A fine of up to $100
  • 3 points on your driver’s license
  • In case of an accident, fines up to $5000 and 9 points on your license

Smoke-Free Air Act

The New York Smoke-Free Air Act (SFAA) prohibits the use of electronic cigarettes in most public spaces, including:

  • Workplaces
  • Restaurants and bars (both indoor and outdoor areas)
  • Public transportation
  • Parks and beaches

While this doesn’t explicitly mention private vehicles, it’s important to note that the law aims to protect people from secondhand exposure to e-cigarette aerosol.

Cannabis-Specific Regulations

It’s worth noting that for cannabis vaping, the laws are more explicit:

  • It is illegal for both drivers and passengers to consume or have open cannabis products in a vehicle
  • Cannabis must be stored securely in a trunk or locked glovebox while driving

Additional Considerations

  1. Visibility: Vaping can produce large clouds of vapor, potentially obstructing your view while driving. This could be grounds for a traffic violation.
  2. Open Container Laws: While not specifically addressing e-cigarettes, New York’s open container laws for alcohol and cannabis could potentially be applied to vaping devices.
  3. School Zones: It’s illegal to use e-cigarettes on school grounds or in vehicles used to transport students.
  4. Age Restrictions: Remember that you must be at least 21 years old to purchase or use e-cigarettes in New York.

While vaping and driving isn’t explicitly illegal in New York, it’s advisable to avoid it due to potential legal risks and safety concerns. If you must vape, it’s safer to pull over in a designated area where vaping is permitted.

Source:

  1. https://www.nyc.gov/site/doh/business/permits-and-licenses/smoke-free-air-act-exemptions-and-registrations.page
  2. https://www.reddit.com/r/electronic_cigarette/comments/6t40ab/is_vaping_in_the_car_illegal/
  3. https://www.podsalt.com/blog/post/are-you-risking-your-license-by-vaping-in-the-car