Vaping while driving isn't illegal in the UK. There's no specific law that bans it. But you can still be fined, given penalty points, or banned from driving. That happens when your vaping causes you to lose control or blocks your view of the road.
The charge is "driving without due care and attention" under the Road Traffic Act 1988. Police don't need a vaping-specific law to pull you over. If they see vapour filling your windscreen or you fumbling with a vape, that's enough.
What Are the Penalties?
|
Situation |
Fine |
Points |
Other |
|
On-the-spot penalty |
£100 |
3 points |
- |
|
Court prosecution |
Up to £2,500 |
3-9 points |
Possible driving ban |
|
Accident where vaping was a factor |
Up to £5,000 |
Up to 9 points |
Driving ban likely |
These penalties are the same ones you'd get for eating at the wheel, adjusting your sat nav, or anything else that stops you driving safely. Sergeant Carl Knapp from Sussex Police has said publicly that vapour can cause "catastrophic consequences." Forces are treating it the same as phone use.
Why Vapour Is the Problem
The legal risk comes down to visibility. A single puff from a high-powered sub-ohm tank can fill a car interior with dense vapour in seconds. That's the same as driving with a fogged windscreen, and police treat it the same way.
Three things make vaping a distraction while driving. You take your eyes off the road to grab your vape. You take a hand off the wheel to use it. And the vapour itself can block your view. All three together are what gets people charged.
Does It Affect Your Insurance?
Yes, and this is the part most people miss. If you're in an accident and the insurer finds out you were vaping, they can refuse your claim. Careless driving is grounds for rejection. Some insurers now ask about vaping habits on application forms.
A careless driving conviction also pushes your insurance costs up for years. And if you're dishonest about it after an accident, that can void your entire policy.
How to Reduce the Risk
The safest option is to not vape while driving at all. Vape before you leave and when you arrive.
If that's not realistic for longer journeys, there are things that make a difference.
Your kit matters. A pod kit running at low wattage with a 0.8ohm or 1.0ohm coil produces far less vapour than a sub-ohm tank. Draw-activated kits like the OXVA Xlim GO don't need buttons, so you can keep both hands closer to the wheel.
Your e-liquid matters. Nic salts and 50/50 e-liquids produce significantly less visible vapour than high-VG shortfills. A 10mg or 20mg nic salt in a pod kit barely produces any cloud at all.
Ventilation matters. Crack a window before you puff, not after. The vapour clears in seconds with airflow but hangs around for much longer in a sealed car.
Timing matters. Don't vape during overtaking, at roundabouts, in heavy traffic, or anywhere that needs your full attention. Straight, clear roads with light traffic are the only time it's even worth considering.
Vaping in a Car With Children
Vaping in a car with under-18s isn't currently illegal in the UK. That's different from smoking, which has been banned in cars carrying under-18 passengers since October 2015 under the Children and Families Act 2014.
However, health bodies recommend against it, and the law could change. If you vape in a car with children and it causes you to drive carelessly, you'd still face the same careless driving penalties above.
