Vaping or driving: do you have to choose?

Vaping or driving, do you have to choose?

You want to vape while driving, but you're not sure whether you're within your rights or whether you risk a fine. In this article, Le Vapoteur Discount sheds light on the current regulations regarding vaping in the car!

What does the law say about vaping at the wheel?

At present, the legislation is not very clear on the subject of vaping at the wheel. In practice, nothing prohibits you from vaping in a car. However, in the absence of explicit regulation, it is appropriate to refer to article R412-6 of the Highway Code to understand the right behaviors to adopt while driving. This article stipulates that: "Every driver must constantly be in a state and position to comfortably and without delay carry out all the maneuvers required of them. Their freedom of movement and their field of vision must not be reduced by the number or position of passengers, by objects being transported, or by the placement of non-transparent objects on the windows."

If we go by this rule, the act of smoking a cigarette at the wheel does not in any way hinder the driver in performing maneuvers or reduce their reaction time; vaping at the wheel would therefore also be permitted. Furthermore, vaping is not subject to the same ban as tobacco regarding passive smoking in vehicles (article L3512-9 of the Public Health Code). It is therefore theoretically legally possible to vape at the wheel in the presence of minors.

What is the reality?

In light of current legislation and although vaping does not in theory appear to be prohibited at the wheel, the reality in practice is quite different. Indeed, it is up to law enforcement to decide whether to issue you a fine when you use your e-cigarette at the wheel. If, for road safety reasons, the police officer or gendarme who stops you deems a fine necessary in your situation — due to your hands being occupied or an excessive amount of vapor produced — it will most often be a Class 2 infraction. In that case, you could face a fine of between €22 and €150. In practice, it is also possible that law enforcement officers issue you a Class 4 infraction if they consider that using your vape is as risky as talking on the phone at the wheel. In that case, you are exposed to a fine ranging from €90 to €750, as well as a 3-point deduction from your driving license.

Ultimately, even if in practice vaping in a car is not prohibited by law, it is better to be cautious and refrain from doing so to avoid a potential fine, given that issuing a fine remains at the discretion of the police officer or gendarme you encounter; the best approach is to take breaks to vape in complete peace of mind!