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Is it illegal to vape in a car with children?

Discussion in 'Legal Issues with Ecigarette Use' started by Katiecat, Jun 13, 2011.

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  1. Katiecat

    Katiecat Senior Member ECF Veteran

    Mar 4, 2011
    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?
  2. Vap0rJay

    Vap0rJay Super Member ECF Veteran

    Mar 22, 2011
    If people give you dirty looks, flip em the bird? Then you've given them a reason to give you dirty looks.
  3. rainkeltoia

    rainkeltoia Ultra Member ECF Veteran

    Jun 7, 2011
    Depends where you live. In Maine most likely I'd get a ticket and have to fight it because it IS illegal to smoke in the car with children, and I'm not sure the Maine police are gonna give a damn about me explaining its vapor when they pull me over.
  4. yvilla

    yvilla Ultra Member Verified Member ECF Veteran

    Nov 18, 2008
    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.
  5. rainkeltoia

    rainkeltoia Ultra Member ECF Veteran

    Jun 7, 2011
    Mostly I really hate HATE court and wouldn't want to go fight it... I just put it down if i see a cop... usually I see them before they see me!
  6. otrpu

    otrpu Account closed on request Verified Member ECF Veteran

    May 5, 2010
    Not as far as I'm concerned.

  7. Darrigaaz

    Darrigaaz Ultra Member ECF Veteran

    Dec 11, 2009
    New Mexico, USA
    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.
  8. Katiecat

    Katiecat Senior Member ECF Veteran

    Mar 4, 2011
    ^^^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.
  9. Demarko

    Demarko Super Member ECF Veteran

    Dec 15, 2010
    Seattle, WA
    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.
  10. ec!gg

    ec!gg Unregistered Supplier ECF Veteran

    Jul 2, 2010
    Philadelphia, PA
    Not a law in PA for it.
  11. Kingbtheone

    Kingbtheone Senior Member Verified Member ECF Veteran

    Dec 2, 2010
    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
  12. rainkeltoia

    rainkeltoia Ultra Member ECF Veteran

    Jun 7, 2011
    I miss living in NH... "Live Free or Die"
    • Like Like x 1
  13. zoiDman

    zoiDman My -0^10 = Nothing at All* ECF Veteran

    Supporting member
    Apr 16, 2010
    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.
  14. bwood12043

    bwood12043 Super Member Verified Member ECF Veteran

    Jul 29, 2008
    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
  15. Vapor Pete

    Vapor Pete The Vapor Pope ECF Veteran

    Mar 14, 2009
    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.
  16. rothenbj

    rothenbj Vaping Master Verified Member ECF Veteran

    Supporting member
    Jul 23, 2009
    Green Lane, Pa
    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.
  17. Thulium

    Thulium Ultra Member ECF Veteran

    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:
  18. rothenbj

    rothenbj Vaping Master Verified Member ECF Veteran

    Supporting member
    Jul 23, 2009
    Green Lane, Pa
    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.
  19. AngusATAT

    AngusATAT Captain Tightpants Verified Member ECF Veteran

    Apr 2, 2009
    GA, USA
    Since this is not Legislation News, I am moving it to a more appropriate forum.
  20. garyinco

    garyinco Super Member Verified Member ECF Veteran

    Jul 1, 2010
    CO, USA
    Why in the world would you care what total strangers on the highway think? I don't even care what my family or friends think. I don't go out-of-my-way to irritate people, but if they don't like what I do - they can be thankful they're not me. I feel fine.
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