Vaping has rapidly become a popular alternative to traditional smoking, but concerns about using vaping devices while driving have led to questions about legality and safety. In Vermont, a state known for its strict health regulations, vaping laws also extend to public safety, including driving. Here’s a detailed guide on whether it is illegal to vape and drive in Vermont.
Vermont’s Vaping Laws and Public Safety
Vermont has some of the most comprehensive vaping regulations in the United States, regulating not only the sale and use of vaping products but also where and how they can be used. The state treats vaping products under similar laws as traditional tobacco products and places particular emphasis on protecting vulnerable populations like children.
Vaping While Driving: The Legal Restrictions
In Vermont, it is specifically illegal to vape or use any tobacco substitute in a motor vehicle if the vehicle is occupied by a child who is required to be in a child passenger restraint system. This law is codified under Vermont Statutes Annotated Title 23, Section 1134b.
This means:
If there is a child age 7 years or younger in the car who must be in a car seat or booster seat, vaping inside the vehicle is prohibited.
Violating this law results in a civil penalty of up to $100 and no points on the driver’s license.
The rationale behind this law is to protect children from secondhand exposure to the harmful chemicals in vapor.
Outside of this specific situation, Vermont does not have a statewide law that expressly bans vaping while driving in the absence of children. However, the use of any tobacco product—including vaping—could fall under distracted driving rules if it interferes with safe vehicle operation.
Distracted Driving and Vaping
Vermont’s distracted driving laws prohibit behaviors that interfere with a driver’s attention and vehicle control. While vaping itself is not explicitly mentioned, if vaping actions cause distraction—such as taking hands off the wheel or obstructing vision—law enforcement could issue citations under general distracted driving or reckless driving statutes.
Therefore, vaping while driving is not per se illegal except when a child is present, but drivers should exercise caution to avoid distractions or unsafe conditions.
Additional Restrictions and Public Use of Vaping Products
Vermont’s laws broadly restrict vaping in other contexts as well:
Vaping is banned indoors in almost all public places, including schools, child care facilities, restaurants, and workplaces.
Vaping is prohibited on school grounds and at school events.
Vaping is treated the same as smoking under the Clean Indoor Air Act.
These restrictions demonstrate Vermont’s general stance on limiting public exposure to vapor emissions, especially around children.
Vermont Vaping and Driving Laws
| Aspect | Vermont Law Details |
|---|---|
| Vaping in car with children present | Prohibited; violation subject to $100 fine |
| Vaping while driving otherwise | Not specifically prohibited but subject to distracted driving laws |
| Public vaping restrictions | Extensive bans in indoor public areas and school zones |
| Penalties | Civil fines for violating vaping-in-a-vehicle law with children; possible distracted driving charges |
In Vermont, vaping and driving with a child in the vehicle is expressly illegal and punishable by fines, highlighting the state’s priority to protect children from secondhand vapor exposure. While vaping alone while driving isn’t banned outright, it can be risky if it causes distraction. Users should be mindful of state laws and practice safe habits on the road.
Understanding Vermont’s vaping and driving laws can help individuals comply with regulations while ensuring safety for themselves and their passengers.
Sources
(https://www.healthvermont.gov/wellness/tobacco/policies-and-laws)
(https://ecigator.com/regulation/vermont-vaping-laws-guide/)
(https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/vt)
(https://legislature.vermont.gov/statutes/section/23/013/01134b)
(https://casaa.org/get-involved/state-locator/vermont/)
