Is it illegal to vape in a car with children?

Status
Not open for further replies.

Katiecat

Senior Member
ECF Veteran
Mar 4, 2011
118
106
Washington
I don't normally vape in the car when my kids are with me, I just wait 'till we get to where we are going. I'm not worried about their health as much as I'm worried about the dirty looks people will give me if they think I'm smoking a real cigarette in a car full of children. Well, we will be driving from WA to CA, and passing through OR on the way down. It's a 20+ hour drive, and I don't think I'll care too much about what random people on the freeway think of my parenting. They can give me dirty looks all they want. My concern is the legal aspects of it. Will we be pulled over in any of those states? I know CA has a law about not smoking in cars with children, but do those laws include PVs?
 

Vap0rJay

Super Member
ECF Veteran
Mar 22, 2011
358
224
Maryland
I don't normally vape in the car when my kids are with me, I just wait 'till we get to where we are going. I'm not worried about their health as much as I'm worried about the dirty looks people will give me if they think I'm smoking a real cigarette in a car full of children. Well, we will be driving from WA to CA, and passing through OR on the way down. It's a 20+ hour drive, and I don't think I'll care too much about what random people on the freeway think of my parenting. They can give me dirty looks all they want. My concern is the legal aspects of it. Will we be pulled over in any of those states? I know CA has a law about not smoking in cars with children, but do those laws include PVs?

If people give you dirty looks, flip em the bird? Then you've given them a reason to give you dirty looks.
 

yvilla

Ultra Member
ECF Veteran
Verified Member
Nov 18, 2008
2,063
575
Rochester, NY
So far, I'm not aware of any laws pertaining to smoking in cars with children that do include vaping. CASAA does monitor new law proposals pretty carefully, and ought to be aware of anything like that. For example, there is such a new law proposed in New York State, to make it illegal to smoke in cars with anyone younger than 14 as a passenger - but it would NOT include vaping, even if passed.

If such a law as Maine's does not define "smoking" to specifically include vaping, then any ticket given out by an ignorant officer would be dismissed. But, I seriously doubt many officers would ticket under those circumstances.
 

Darrigaaz

Ultra Member
ECF Veteran
Dec 11, 2009
1,588
323
New Mexico, USA
If such a law as Maine's does not define "smoking" to specifically include vaping, then any ticket given out by an ignorant officer would be dismissed. But, I seriously doubt many officers would ticket under those circumstances.

The problem with getting a bogus ticket in another state is that to contest it, you have to make a trip to the state you got the ticket in.. It's usually more hassle than just accepting it.
 

Demarko

Super Member
ECF Veteran
Dec 15, 2010
397
78
47
Seattle, WA
www.twinrosesoftware.com
I'm forced to wonder why allergy and asthma keep going on the rise when people stopped smoking around their (or other peoples') children. I wonder if it doesn't actually HELP the lung growth and strengthening - or if it's all the other sanitizing going on. When I was younger, long before I ever started smoking, I was always in the top few in track, etc. And my parents smoked around me without ever giving it a second thought.
 

zoiDman

My -0^10 = Nothing at All*
Supporting Member
ECF Veteran
Apr 16, 2010
41,314
1
83,837
So-Cal
If you are concerned about WA, OR and CA laws you could call the State police and ask them.

BTW - If your coming down on the 5, watch out for the CA Highway Patrol right when you cross the state line from Oregon to California. They have a habit of sitting there and like to hand out spending tickets. At least they used to.
 

bwood12043

Super Member
ECF Veteran
Verified Member
Jul 29, 2008
742
158
East Texas
I vape all the time in the car here in Texas. I have not noticed any looks nor have been stopped by any law enforcement. Of course, being a 59 year old woman and driving a very conservative car might help. And not having children in the car with me.

However, I don't see a problem with vaping in a car with children, vaping is NOT smoking.

Can't speak for other states as some of them have really crazy laws and even crazier law enforcement, or so I hear.

And if going to CA, well, what can I say, their "powers that be" think they have a right to control EVERYTHING
 

Vapor Pete

The Vapor Pope
ECF Veteran
Mar 14, 2009
2,847
2,134
Rochester, NY
I used to feel bad vaping in my car with the kids in the back. My wife and I do, and we get the looks occasionally. We just put the ecigs down at stop lights so anyone next to us doesnt know. To date, I've not heard anyone say vaping in the car with kids is bad, and we all know it isnt smoking. I'll go with that.
 

rothenbj

Vaping Master
Supporting Member
ECF Veteran
Verified Member
Jul 23, 2009
8,248
7,647
Green Lane, Pa
^^^And that's why some bad apples on a power trip love to target cars with out-of-state plates. More often than not, they have no choice but to pay, because they can't go back to the state the ticket was given in to contest it.

That reminds me of an expensive little trip I had into a quaint town in Georgia a few years back. A quick $300 contribution to their local economy.
 
If you are concerned about WA, OR and CA laws you could call the State police and ask them.

BTW - If your coming down on the 5, watch out for the CA Highway Patrol right when you cross the state line from Oregon to California. They have a habit of sitting there and like to hand out spending tickets. At least they used to.

In Washington, King County included e-cigarettes in the health departments' requirement to prohibit smoking in workspaces. Likewise, in Pierce County the health department adopted a similar measure but made exceptions for 18+ and non-public workspaces. Neither county includes any sort of enforcement action on the user (just a warning or possible fine for property owners who fail to enforce the restrictions) In Oregon, SmokingEverywhere agreed to never do business in the state, and HB3014 proposes to include e-cigarettes in Oregon's Indoor Smoking ban and several other bills are sitting in committee but are not expected to be considered this year, so there . In California, Fmr. Gov. Schwarzeneggar vetoed an e-cig ban.

In a nutshell, I'm not aware of any actual laws that would stop you from vaping anywhere in California, Washington, or Oregon...though it is always wise to either ask permission or vape discretely. :vapor:
 

rothenbj

Vaping Master
Supporting Member
ECF Veteran
Verified Member
Jul 23, 2009
8,248
7,647
Green Lane, Pa
wow.... its crazy in the land of the free we worry if we can use a PV in a car with children . also my dad had windows up smoking with me as a child, on his lap, driving the truck, no seatbelt.... i was the airbag. Thats freedom

Yeah, I was abused as a child too. My father even pulled us up the road on our sleds with his car when it snowed. That would probably land him in court today.
 
Status
Not open for further replies.

Users who are viewing this thread