Was issued a citation for vaping by the NYC MTA (Subway)

[jeenam]

An MTA officer issued me a citation earlier today for 'smoking' on an MTA platform and another for disregarding the 'No Smoking' signs. Anyone here every been issued a legal citation for vaping?

His claim was the 'smoke' had an unpleasant smell and bothered him.

 

[Phantom309]

Never heard of that, You could've up the ante and gotten more than a ticket by telling him he had an 'unpleasant' smell and he bothered you.

 

[denali_41]

you need to verify if e-cigs are covered under the smoking ban regs in your area, you might be able to get out from under that ?!? depending

 

[jeenam]

The MTA (Metropolitan Transport Authority) website does not clearly define smoking. I explained to the MTA officer that what was being exhaled from my lungs was actually vapor and not smoke. Smoke is created by the burning of a given substance. What was coming out of my reo mini was vaporized propylene glycol and vegetable glycerin, both USP grade. It went through one ear and out the other as the info being provided was clearly over the guys head. Police here aren't paid to think, they're paid to intimidate. Just ask the Occupy Wall Street folks.

 

[DummyMe]

I don't know about NY, but in NJ vaping is illegal except in smoking areas. Costs you $250 if you do it outside smoking areas.

 

[denali_41]

look up the regs for your city,,you will most likely have to plead your case to the judge directly at this point

 

[denali_41]

I don't know about NY, but in NJ vaping is illegal except in smoking areas. Costs you $250 if you do it outside smoking areas.

they consolidated vaping right alongside regular ol smoking,,ignorance at the political level,,who knew

 

[Jim Bob]

I really hope you can fight and win this , seems it should be illegal to get cited for smoking when you were not smoking.

 

[jeenam]

@ Jim Bob

Agreed. I'm reluctant to bother going to the Transportation Adjudication Bureau hearing because they probably don't give a hoot. They just want to collect their money. What I need to find is the legal definition as defined by a court of law, in New York State. Some states clearly define smoking as tobacco.

From http://www.e-cigarette-forum.com/forum/law-e-cigarette/26025-legal-definition-smoking.html):

The ILLINOIS CODE STATUTES defines it as:
"Smoke" or "smoking" means the carrying, smoking, burning, inhaling, or exhaling of any kind of lighted pipe, cigar, cigarette, hookah, weed, herbs, or any other lighted smoking equipment

 

[cogi]

That sucks hope you can appeal that and win.

 

[Jellyfish]

Agreed. I'm reluctant to bother going to the Transportation Adjudication Bureau hearing because they probably don't give a hoot. They just want to collect their money. What I need to find is the legal definition as defined by a court of law, in New York State. Some states clearly define smoking as tobacco.

Completely agree! NY State may have some regs promulgated for smoking, and the definition would be contained therein. Sometimes there is a discrete section or subsection with the definitions. However, NYC may even have their own citations so you may want to look there, also. In your case, the NYC regs would probably supercede the NYS regs.

Good luck!

 

[jeenam]

Found this at NYS Clean Indoor Air Act - Chapter 13 of 2003

""Smoking" means the burning of a lighted cigar, cigarette, pipe or
any other matter or substance which contains tobacco."

That would imply vaping is not illegal, since what I was doing did not involve tobacco.

 

[mightymen]

E-cig are not a lighted abject, there are battery powed with electric.

Are also come from NYC. Intresting to find out how it goes for you.

No flame.
No smoke being produced.

As Iunderstanded people are using ecig's at work/offices. All areas that cig smoking is not allowed.
Sometimes there asked to stop it and there do. Until it is clearfied up its not a cig.

This I did not know.
ALBANY, N.Y. (CBSNewYork/AP) – It is now illegal in New York State to smoke an electronic cigarette within 100 feet of entrances to public or private schools.
New laws signed Wednesday by Gov. Andrew Cuomo also ban the sale of e-cigarettes to anyone under 18 years old. That provision goes into effect on January 1.

The smoking restriction takes effect immediately. Residences or residential property within the 100-foot perimeter would be excluded.

 

[jeenam]

Thankfully this was not within 100 feet of an entrance to a school =)

 

[Startle]

Why would you even do that?

Seems like you were looking for attention and got more than you bargained for.

Be more respectful and don't vape in places that smoking is prohibited and you won't have these issues. There's a time and place for everything and the subway/railroad platform you were on does not qualify either way for exhaling vapor. Why should an MTA officer have to waste their time investigating the source of your fumes when the law is clearly written to ensure that people should not be subjected to the potentially harmful exhaust of others habitual activities.

Sorry to sound harsh here but your actions are selfish and inconsiderate of others. The officer is there to serve and protect and that includes children and the rest of the population and you have no proof that vaping is completely without harm to them.

When you get home you can vape to your hearts content. In a public setting you should respect other peoples right to not be exposed to inhaling someone elses fumes - yours may prove to be harmless but others may not so the line needs to be drawn somewhere.

Pay the fine and move on...

 

[gthompson]

Do us all a favor and don't draw negative attention to us. If you aren't supposed to smoke somewhere, don't vape there (unless given express permission). It's a pretty simple concept.

 

[Jellyfish]

The New York City Administrative Code has the same definition in the Smoke Free Air Act of 2002. The regs are here:

http://www.nyc.gov/html/doh/downloads/pdf/smoke/tc7.pdf

 

[martinc]

I seriously doubt op would win this in court as it would lay the law for vaping in general (at least it could be) and no municipal judge can/could/would venture on this very slippery slope.

 

[Salt&PePPer]

they consolidated vaping right alongside regular ol smoking,,ignorance at the political level,,who knew

That is why I Vape "By the lowest common denominator". Even if they realize they are wrong, after figuring out what was really going on, they cannot back down because others might see them as being weak.

 

[gthompson]

As I've said before, your rights end where the other person's begin.