While there is no specific law in New Hampshire that explicitly prohibits vaping while driving, there are several legal considerations to keep in mind:
General Distracted Driving Laws
New Hampshire has laws against distracted driving that could potentially apply to vaping while driving. The state bans “negligent” or “reckless” driving, regardless of the cause.
If vaping distracts a driver or impairs their ability to operate a vehicle safely, they could be charged under these broader statutes.
Hands-Free Device Law
New Hampshire has a hands-free device law that prohibits the use of hand-held electronic devices while driving.
While this law primarily targets cell phone use, it’s possible that using a vaping device could be interpreted as violating this statute if it requires manual manipulation while driving.
Visibility Concerns
Vaping can produce large clouds of vapor that may temporarily obstruct a driver’s vision. If this leads to unsafe driving or an accident, a driver could potentially face legal consequences.
Age Restrictions
It’s important to note that in New Hampshire, it is illegal for anyone under 21 to use, purchase, attempt to purchase, or possess e-cigarettes or liquid nicotine. This applies whether in a vehicle or not.
Potential Consequences
While not specific to vaping, drivers in New Hampshire can face fines and penalties for distracted driving. For example, using a hand-held electronic device while driving can result in fines of $100 for a first offense, $250 for a second offense, and $500 for subsequent offenses within 24 months.
Best Practices
To avoid potential legal issues and ensure safety:
- If you need to vape, it’s best to pull over to a safe location first.
- If vaping as a passenger, be considerate of the driver and keep windows down to dissipate vapor quickly.
- Consider using devices that produce less vapor to minimize potential distractions or visibility issues.
While vaping and driving isn’t explicitly illegal in New Hampshire, it’s crucial to prioritize safe driving practices and be aware that existing traffic laws could apply if vaping leads to distracted or unsafe driving.
Source
- https://www.nhpr.org/nh-news/2019-08-12/new-law-prohibits-vaping-in-new-hampshire-schools
- https://www.findlaw.com/state/criminal-laws/vaping-and-e-cigarette-laws-by-state.html
- https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/nh
- https://norml.org/laws/new-hampshire-penalties-2/
- https://www.podsalt.com/blog/post/are-you-risking-your-license-by-vaping-in-the-car