Warning for motorists who ‘vape and drive’

For those preparing for long drives home this Christmas, there is one behaviour they should avoid to steer clear of hefty fines…

Reports suggest that drivers caught vaping while driving could face fines of up to £2,500 but despite this, 57% of drivers admit to vaping or smoking behind the wheel. While this behaviour isn’t specifically illegal in the UK, it can lead to serious consequences if it affects driving ability.

With a ban on disposable vapes set to take effect in the UK next year, the conversation around vaping is more crucial than ever. That’s why Electric Tobacconist sought to explore the implications of vaping while driving, drawing attention to the substantial fines it may incur.

Vaping while driving poses both safety risks and legal consequences that drivers should be mindful of including, increased anxiety and discomfort.

High-nicotine vape products can lead to physiological effects such as an elevated heart rate and heightened anxiety. While some drivers may vape to relax, nicotine can often intensify anxiety, especially in high-stress driving conditions like heavy traffic or poor weather. Among surveyed drivers, 24% vape or smoke regularly while driving, and 49% do so occasionally. This added anxiety can diminish focus and control, putting both the driver and others on the road at risk.

In severe cases where vaping distracts or impairs the driver’s attention, UK law categorises this as Careless Driving (Driving Without Due Care and Attention), which can result in fines up to £2,500, 3 to 9 penalty points on a driving licence, or even disqualification from driving.

Also delayed reaction times.

Research shows that vaping while driving can impair reaction times by splitting attention between operating the vehicle and managing the vape device. Among surveyed drivers, 16% report vaping during long journeys, while 10% only vape when driving alone. This divided focus can delay critical responses to road hazards, sudden stops, or unexpected manoeuvers from other drivers. When every second counts, even a minor delay can make it harder to avoid a collision or adapt to sudden changes.

Under UK law, this behaviour can be classified as Dangerous Driving in severe cases, carrying severe penalties, including unlimited fines, a potential driving ban, and even up to two years of imprisonment for the most serious offences.

It’s worth noting that while smoking with children in a vehicle is strictly prohibited in the UK, vaping is treated differently. Under the Children and Families Act 2014, vaping is not classified as smoking, allowing passengers to vape in cars even with children present. For an enjoyable and safe vaping experience, keeping the driver’s line of sight clear is essential, as any obstruction can lead to fines under Section 41D of the Road Traffic Act 1988, such as:

• Fixed Penalty Notice: £100 fine and three penalty points on the driver’s licence.

• Court Appearance (in more serious cases): Fines can go up to £1,000. If the vehicle involved is a goods or passenger-carrying vehicle, the fine can increase up to £2,500.

Moreover, if impaired visibility contributes to an accident, more severe penalties may be imposed, such as charges of careless or dangerous driving. These can result in higher fines, additional penalty points, or even a driving ban. This highlights that although passengers are welcome to vape, they must ensure that they help keep the journey smooth and safe for everyone involved.

Pascal Culverhouse, on behalf of Electric Tobacconist:

“Drivers need to remain aware of the risks associated with vaping while driving, as it can lead to fines if considered a distraction. To prioritise safety and avoid penalties, it’s wise to pull over before vaping or wait until you’ve reached your destination. Treat vaping like any other in-car distraction; taking small steps can help maintain your focus and significantly reduce risks on the road.”