Last updated: 19 November 2024
Although smoking could be considered a distraction under NSW Road Rule 297(1) it is not illegal. However, the practice is far more concerning if there are young passengers in your vehicle.
While smoking could be considered a distraction under Rule 297(1) NSW Road Rules 2014, it is not illegal. Driver distraction occurs when a driver’s attention is diverted away from the task of driving. This can be by making a phone call, eating, or any number of distractions that may take your eyes away from the road or cause you to "not have proper control of the vehicle."
An on-the-spot fine for committing this offence in NSW is $448 and 3 demerit points. The on-the-spot fine for committing this offence in a school zone is $561 with 4 demerit points.
Smoking or vaping in cars with children
Smoking in a motor vehicle with a child under the age of 16 is an offence under the Public Health (Tobacco) Act 2008. The law was introduced to protect children from second-hand tobacco smoke which can harm their growing lungs and can lead to an increased risk of asthma and other respiratory infections.
From 1 December 2015, under the Public Health (Tobacco) Act 2008, it also became an offence to use an electronic cigarette in a car with a child under the age of 16 years on board. This includes vapes.
A $250 on the spot fine can be issued to the driver and any passenger who breaks the law.
There are also heavy penalties for people caught throwing lit cigarette butts from vehicles, which can also start bush and grass fires, especially during days of total fire ban or during bush fire danger period.
