Vaping FAQs

is vaping while driving illegal in washington state

by Prof. Dariana Bashirian Published 1 year ago Updated 1 year ago

Full Answer

Are vape products legal in Washington State?

In 2016, the Washington State Legislature passed a law ( RCW 70.345) to regulate vapor products. Among other things, the law prohibits the sale of vapor products to people under 18 years of age, requires sellers to obtain a license, and requires that vapor products in stores are inaccessible to minors.

Are windshield laws being used to ticket vaping and driving?

There are no reports of windshield laws being used to ticket vaping and driving, but the broad discretion given to law enforcement could potentially be used to ticket vaping and driving. In the United States, there are several states that have enacted laws that prohibit vaping and driving in cars with children.

Can you get a Citation for vaping and driving?

There are several avenues a law enforcement official could take to issue a citation for vaping and driving. For example, every state has a law regarding texting and driving. In many states, the language of the texting and driving laws pertains to use of a “portable electronic device” while driving.

Is it legal to vape while driving?

There are no laws prohibiting vaping while driving; however, you need to be in full and proper control of your vehicle at all times. If you are going to vape, I advise that you open your windows and blow the vapor directly out, just ensure that you are in full control of your vehicle before doing so.

How to stop smoking on E3?

Can you smoke in a car with a minor?

Can you drive with a vape?

Does insurance cover vaping?

Is vaping legal in New York?

Can you vape while driving?

Is vaping while driving illegal?

See 2 more

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Can you vape and drive Washington State?

Yes, as long as you don't hold the electronic device in your hand.

Is it against the law to vape while driving?

Motorists who are distracted by cigarette or vape smoke can be prosecuted for driving without due care and attention. The plume of smoke can hamper a driver's vision and result in an accident.

Can you vape in the car with a child Washington State?

You must not smoke in motor vehicles used to transport children. (2) You may permit adults to smoke outdoors away from children in accordance with RCW 70.160. 075. (3) These requirements do not apply to traditional or spiritual Native Alaskan/Native American or religious ceremonies involving the use of tobacco.

Is it illegal to smoke cigarettes and drive in Washington state?

The rule doesn't ban smoking in your car, either, but like with eating, if you get pulled over for something like an unsafe lane change or blowing a stop sign, you could get hit with an additional fine.

How do you drive and vape?

Totally Wicked's top tips on how to vape while driving safelyOpen the Window. The first one is easy, always have your window open a crack when you vape while driving. The reasons are twofold: ... Don't Drip and Drive. Just don't. ... Adjust your E-liquid. Vaping a heavy VG e-liquid means thicker clouds and less visibility.

Can you smoke a vape in the car with a child?

The law only applies to cigarettes: it is legal to vape/smoke e-cigarettes in a car with children in it.

Is it legal to vape indoors in Washington state?

Vaping prohibited in indoor early learning facilities, vehicles used to transport children, and outdoors on property during nonbusiness hours in a place that would not be considered a “public place” and at least 25 feet from entrances, windows and vents.

Can you vape indoors in WA?

Electronic cigarettes (e-cigarettes) and other personal vaporisers for delivery of nicotine or other substances are not permitted to be used in any area where smoking is restricted.

Where are you allowed to vape?

Yes, you can vape in public places. There is no law which forbids the use of vaping products in public places. However, rules on the use of e-cigarettes and vape products can be imposed by the setting which you are in.

What is the legal vaping age in Washington state?

21 years of ageSale of Tobacco and Vapor Products Engrossed House Bill 1074 was signed into law in March 2019, raising the minimum legal sales age of tobacco and vapor products to 21 years of age. The law goes into effect on January 1, 2020. Learn more about the Tobacco and Vapor 21 law.

Can you smoke on the sidewalk in Washington?

Smoking prohibited in public places or places of employment. No person may smoke in a public place or in any place of employment.

Can you smoke a cig while driving?

Is it illegal to smoke and drive? Contrary to the popular driving myth, it's not illegal to smoke and drive. The Highway Code doesn't make it a specific offence to smoke while driving in a vehicle used primarily for private purposes, any more than it's a specific offence to change a CD, read a map or eat.

Is it illegal to vape and drive Florida?

Is vaping while driving illegal? Basically, the answer is no, but there are situations where vaping could be covered under other driving laws. For example, texting and driving is against the law because it's considered a distraction in some states.

Can you vape and drive in NY?

As we learned from the New York case, if a police officer determines that using a vape is akin to texting, there is a possibility of a ticket. But from all available information, law enforcement is not targeting vapers. If a driver is operating his or her vehicle safely and responsibly, there should be no problem.

Can you vape while driving California?

Violations are subject to a fine of up to $100. As a rule of thumb consider most smoking bans in the United States to include the prohibition of vaping. For example, if you drive in California, you won't be able to smoke or vape with children present.

Can you vape in public Australia?

It is legal to use e-cigarettes with e-liquid containing nicotine and you can vape in indoor and outdoor smoke free zones. The use of e-cigarettes with e-liquid containing nicotine with a valid prescription is legal. Vaping in indoor and outdoor smoke-free zones is illegal.

Required Retail Signage

Retail signage- RCW 70.345.070: Required signage must be posted on cigarette vending machines and at each location (i.e. check stand or cash register area) where tobacco and vapor products are sold.

Smoking in Public Places

In Washington state, we have laws and policies to help protect our workers and families from secondhand smoke in public places.

Vaping in Public Places

On June 28, 2016, the state vapor product law ( Chapter 70.345 RCW) became effective, applying to items such as the ban on open displays, tasting restrictions, ad restrictions on coupons, as well as the requirements for child-resistant packaging and labeling.

Tobacco and Vapor Product Sampling and Coupon Regulations

Sampling prohibited–RCW 70.155.050: A tobacco sampling license is required to distribute samples of tobacco. Sampling may occur only within a location that holds a current cigarette license. Please check with your local city or county because some locations completely prohibit tobacco sampling.

Federal Regulations

In 2016, the federal Food and Drug Administration (FDA) extended its regulatory authority over tobacco products to include vapor products (the FDA uses the term “electronic nicotine delivery systems” or ENDS). Learn more about the federal rules for consumers, retailers, and manufacturers.

What is a JUUL?

JUUL is a type of e-cigarette/vapor product that has become increasingly popular, especially among youth. JUULs very closely resemble a USB drive, can be charged in a USB port, and emit little to no detectable vapor or odor. Due to their easily concealable design, they are of particular concern with regard to youth use.

Vapor Product Laws

In 2016, the Washington State Legislature passed a law ( RCW 70.345) to regulate vapor products. Among other things, the law prohibits the sale of vapor products to people under 18 years of age, requires sellers to obtain a license, and requires that vapor products in stores are inaccessible to minors.

Youth Use

E-cigarette/vapor product use is now considered an epidemic by the U.S. Surgeon General and the U.S. Food and Drug Administration (FDA). As cigarette use declines, new tobacco products, and electronic cigarette/vapor products, are being introduced and marketed, and thus contributing to the overall youth nicotine use rate.

More Resources

Visit our tobacco cessation page for information and resources on how to quit tobacco, including the Washington State Tobacco Quitline (1-800-QUIT-NOW) and the 2MorrowHealth TM app.

How to stop smoking on E3?

First, keep your windows down and blow the smoke out through the opened window next to you and not toward the windshield in front of you. This will prevent the smoke from obstructing your view. Additionally, please don’t overdo it. High levels of nicotine cause dizziness and light-headedness, which could impair your driving, according to E3 Spark Plugs. Lastly, if you need to make adjustments or refill your device’s tank, be sure not to do it while driving. Wait until a stop sign or pull into a parking lot to take care of it. Anything that averts your eyes from the road, even for a few seconds, could spell disaster.

Can you smoke in a car with a minor?

Many states have laws that say you can’t smoke in the car when minor children are present. Smoking is generally referred to as a normal cigarette, but using a vaping device is not much different. Some states charge pretty high if you’re ticketed for it. California, for example, fines you $100 if you’re caught.

Can you drive with a vape?

There’s also a law that says you can’t drive a vehicle with anything that’s non-transparent, obstructing your view. That includes objects you wouldn’t think of, like air fresheners hanging from your rearview mirror. When a person vapes, it tends to release a thick smoke that you can’t see through until it dissipates. If you use a vaping device and drive around with your windows up, a police officer can pull you over if the smoke impedes your view.

Does insurance cover vaping?

As far as insurance goes, you’re not likely to have any issues with auto insurance companies in the U.S. It will likely affect your life insurance policy, though. Additionally, in the U.K., drivers who have an accident while vaping might not be so lucky with their insurance agencies. According to Insurance Quotes, some have been denied payouts after an accident where they were vaping.

Is vaping legal in New York?

Basically, the answer is no, but there are situations where vaping could be covered under other driving laws. For example, texting and driving is against the law because it’s considered a distraction in some states. In the state of New York, their distraction law says that you can’t use any “portable electronic device.” While it’s meant mainly for cell phones, it includes other devices, like portable video game units and tablets. Some vaping devices fall under this category.

Can you vape while driving?

According to Motor Verso, Experts strongly recommend you avoid it, but you could safely vape while you drive your vehicle if you feel you need to. However, there are certain steps you should consider taking to avoid any fines.

Is vaping while driving illegal?

Basically, the answer is no, but there are situations where vaping could be covered under other driving laws. For example, texting and driving is against the law because it’s considered a distraction in some states. In the state of New York, their distraction law says that you can’t use any “portable electronic device.” While it’s meant mainly for cell phones, it includes other devices, like portable video game units and tablets. Some vaping devices fall under this category.

Where is vapor product prohibited?

School buses. Elevators. The use of vapor products is prohibited in the following outdoor areas: Outdoor areas of property upon which a child care facility is located and which are under the control of the child care facility.

What is the purpose of the vapor law?

The law accomplishes the following: Establishes important youth access protections to reduce illegal youth access to vapor products, including packaging requirements such as child-resistant packaging. Provides penalties for those who do not comply with new requirements. Regulates Internet and distribution markets.

What is vapor product?

Vapor products include any electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device, and any vapor cartridge or other container that may contain nicotine in a solution or other form that is intended to be used with or in an e-cigarette, e-cigar, e-cigarillo, e-pipe, or similar product or device.

When did the tax on vapor products become effective?

These rules become effective on August 8, 2016. While tastings or sampling of vapor products containing nicotine at no cost are illegal after this date, ...

Is it illegal to possess vapor products?

Under 21 – It is illegal for minors to possess, purchase or attempt to purchase, or obtain or attempt to obtain vapor products. Minors may be cited with a civil infraction for these actions. Over 21 – Adults may be cited with a gross misdemeanor for furnishing vapor products to minors.

Who has the authority to regulate indoor vapor products?

Local governments are granted the authority to enact ordinances regulating indoor vapor products use in public places provided such ordinances are otherwise consistent with the provisions of the new law. The law introduces location restrictions within the following indoor places:

Does a vapor product contain nicotine?

The law regulates all vapor products, whether or not they contain nicotine. Additionally, new federal tobacco laws now apply to ENDS (Electronic Nicotine Delivery Systems that contain tobacco or nicotine,) cigars, hookahs, pipe tobacco, and dissolvable tobacco and gels. Vapor products include any electronic cigarette, electronic cigar, ...

What happens if you vape and drive in the UK?

As per a recent string of screaming headlines, the public is being informed that vaping and driving in the UK could lead to a £2,500 (USD 3,500) fine and a loss of license.

Why was a vaper pulled over for using a mod?

Vapers have reported being pulled over for using a mod while driving because police officers mistook a mod for a cell phone.

What are the penalties for reckless driving?

In fact, the penalties can include the loss of driving license, fines, and even jail time. Most often, reckless driving charges are filed for street racing and excessive speeding.

What is the law that applies to all drivers?

The specific law that applies to all drivers is careless driving, also called driving without due care and attention.

Is vaping a violation of texting and driving laws?

In other cases, law enforcement has determined that a vape is not covered by texting and driving laws. The question of whether or not texting and driving laws can be used to ticket a driver using an e-cig is an open one.

Is vaping reckless driving?

Both reckless driving and careless driving have discretionary criteria that c ould potentially be applied to vaping and driving under extreme circumstances. Speeding in a vehicle that is clouded by a vapor is likely to draw the attention of a cop on patrol. If a driver is vaping when involved in an accident, a charge of careless driving could be applied. Unless a vaper is driving at an excessive speed or doing something high risk, a reckless driving charge is unlikely but not impossible.

Can you vape in a car with a child?

In the United States, there are several states that have enacted laws that prohibit vaping and driving in cars with children.

Why is it important to stay compliant with vaping laws?

Staying compliant and up-to-date on all vaping laws is essential to avoid trouble with law enforcement. If you are facing charges for vaping underage or trying to buy a product, a lawyer who understands e-cigarette laws and their nuances can help.

What age can you buy a vape?

Furthermore, while federal law allows 18-year-olds to purchase tobacco products, some states put the minimum age at 21. Pay close attention to your state’s evolving laws to avoid conflict while purchasing or using e-cigarettes.

Where is smoking banned?

Use banned at childcare buildings, playgrounds, schools, and everywhere smoking is also banned ( Section 70.345.150 and 110-300-0420 (2) ). Banned at most colleges and universities in their regulations and in state-run veteran’s homes except for designated areas ( Section 484-20-090 (1) (h) ).

Where are tobacco substitutes banned?

Banned at childcare centers, after school activities ( Section 33-3504 (a) ), and on public school grounds or at school events ( Section 16-140 ).

How old do you have to be to buy e-cigarettes?

Must be 19 years old to buy from a store or distributor ( Section 76-10-104 (1)) and must be 18 years old to buy or have e-cigarettes ( Section 76-10-105 (1) ). The exception is active military members over age 18 or anyone accompanied by a parent ( Section 26-62-205 ).

Is vaping banned in Hawaii?

E-cigarettes and vaping banned in the same places as smoking ( Section 328J-1 ). Use banned in all parks and at all University of Hawaii properties ( Section 304A-122 (a) ). Purchase requires an ID even if using a mail order delivery service ( Section 245-17 (b) ).

Is smoking banned in prison?

Use banned the same places smoking is banned ( Section 23-20.10-2 (19)) with some exceptions. Banned at all correctional facilities, including vehicles and properties ( Section 240-20-1.6 (D) and 1.16 (D) ).

What is the minimum age to buy vape in Washington?

Instead, the state has raised the minimum age to buy tobacco and vapor products in Washington to 21, a measure intended to stem the rise of teenage vaping. The state enacted a temporary ban on flavored vaping products in response to the EVALI outbreak of 2019, which left several Washingtonians injured and led to two deaths in the state.

Is vaping dangerous?

Users are warned about the risks that accompany vaping products with health providers encouraged to report cases of lung illnesses tied to vape products

How to stop smoking on E3?

First, keep your windows down and blow the smoke out through the opened window next to you and not toward the windshield in front of you. This will prevent the smoke from obstructing your view. Additionally, please don’t overdo it. High levels of nicotine cause dizziness and light-headedness, which could impair your driving, according to E3 Spark Plugs. Lastly, if you need to make adjustments or refill your device’s tank, be sure not to do it while driving. Wait until a stop sign or pull into a parking lot to take care of it. Anything that averts your eyes from the road, even for a few seconds, could spell disaster.

Can you smoke in a car with a minor?

Many states have laws that say you can’t smoke in the car when minor children are present. Smoking is generally referred to as a normal cigarette, but using a vaping device is not much different. Some states charge pretty high if you’re ticketed for it. California, for example, fines you $100 if you’re caught.

Can you drive with a vape?

There’s also a law that says you can’t drive a vehicle with anything that’s non-transparent, obstructing your view. That includes objects you wouldn’t think of, like air fresheners hanging from your rearview mirror. When a person vapes, it tends to release a thick smoke that you can’t see through until it dissipates. If you use a vaping device and drive around with your windows up, a police officer can pull you over if the smoke impedes your view.

Does insurance cover vaping?

As far as insurance goes, you’re not likely to have any issues with auto insurance companies in the U.S. It will likely affect your life insurance policy, though. Additionally, in the U.K., drivers who have an accident while vaping might not be so lucky with their insurance agencies. According to Insurance Quotes, some have been denied payouts after an accident where they were vaping.

Is vaping legal in New York?

Basically, the answer is no, but there are situations where vaping could be covered under other driving laws. For example, texting and driving is against the law because it’s considered a distraction in some states. In the state of New York, their distraction law says that you can’t use any “portable electronic device.” While it’s meant mainly for cell phones, it includes other devices, like portable video game units and tablets. Some vaping devices fall under this category.

Can you vape while driving?

According to Motor Verso, Experts strongly recommend you avoid it, but you could safely vape while you drive your vehicle if you feel you need to. However, there are certain steps you should consider taking to avoid any fines.

Is vaping while driving illegal?

Basically, the answer is no, but there are situations where vaping could be covered under other driving laws. For example, texting and driving is against the law because it’s considered a distraction in some states. In the state of New York, their distraction law says that you can’t use any “portable electronic device.” While it’s meant mainly for cell phones, it includes other devices, like portable video game units and tablets. Some vaping devices fall under this category.

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