Smoking in private vehicles carrying children

From 1 October 2015 it will be illegal to smoke in any private vehicle with anyone under 18 present.

Existing smokefree legislation, as set out in the Health Act 2006, will be extended so that it will be an offence to:

  • smoke in a private vehicle with someone under age 18 present; and
  • fail to prevent smoking in a private vehicle with someone under age 18 present.

The regulations will apply to enclosed private vehicles and will not apply to anyone driving alone.

The law won't apply to a convertible car with the roof completely down but will apply to all vehicles 'wholly or partly enclosed by a roof ' and still applies if you have windows or a sunroof open, if you have the air conditioning on if you sit in the open doorway of the vehicle.

The rules don't apply to e-cigarettes

A fixed penalty notice of £50 will apply for the offence of failing to prevent smoking in a smoke free private vehicle in England and Wales.