Smoking cigarettes and e-cigarettes in cars with children

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Smoking cigarettes and e-cigarettes in cars with children

Since 1 July 2009, smoking in a car with someone under the age of 16 is against the law. The Public Health (Tobacco) Act 2008 creates a new offence of smoking in a car with a child under 16 years of age in the vehicle. A $250 on-the-spot fine applies to the driver and any passenger who breaks the law. This is enforced by NSW Police.[9] However licence premises may set aside an outdoor smoking area for drinking only and must be 4 metres away from restaurant tables and no more than 75% enclosed.

From 1 December 2015, using an e-cigarette in a car with a child under the age
of 16 is against the law. A $250 on the spot fine applies to the driver and any
passenger who breaks the law.

How will the law be enforced? NSW Police will enforce the ban on using e-cigarettes in cars with children. If a person elects not to pay the fine and have the matter dealt with by a court, the maximum fine that may be imposed by a magistrate is $1,100.

It’s not safe to use vape pens or ecigarette devices around kids. The vapor from ecigarettes has chemicals in it that can be harmful to kids. There’s another serious problem with e-smoking devices: Kids can get poisoned if they drink the liquid in nicotine delivery devices or refills.

How can Sydney Traffic Lawyers help?

Our traffic lawyers will carefully consider your case, advise you on all your legal options, and recommend the best way forward. Call us now on 02 8059 7121 or 24/7 on 0420 998 650 to speak with one of our traffic lawyers.