Vaping while driving in Alabama is not universally illegal, but there are specific legal restrictions that every driver should know, especially when children are involved.
Key Law: Vaping with Children in the Car
As of August 1, 2023, Alabama law strictly prohibits vaping in any enclosed motor vehicle when a child aged 14 years or younger is present. This law applies regardless of whether the vehicle is moving or stationary, and it does not matter if the windows are open or closed. The intent is to protect minors from the harmful effects of secondhand vapor and smoke.
Legal Definition:
- “Vape” is defined as using an electronic nicotine delivery system, which includes e-cigarettes and similar devices.
- The law covers all motor vehicles, whether in motion or parked.
Enforcement and Penalties
- Secondary Violation: This law is enforced as a secondary offense. This means law enforcement officers cannot pull you over solely for vaping with a child in the car. However, if you are stopped for another legitimate reason (such as speeding or a traffic violation), you can then be cited for vaping with a child present.
- Fines: The penalty for violating this law is a fine of up to $100 per incident.
Other Vaping Regulations
- There are additional regulations regarding the sale, advertising, and display of vaping products, especially near youth-centered facilities, but these do not directly pertain to vaping while driving unless minors are present in the vehicle.
Summary Table
| Situation | Is Vaping Legal? | Penalty |
|---|---|---|
| Adult vaping while driving alone or with adults | Yes | None |
| Vaping with child 14 or younger in vehicle | No | Up to $100 fine |
Expert and Lawmaker Perspectives
Alabama lawmakers and health officials emphasize that the law is designed to protect children, not to restrict adult behavior. The focus is on minimizing children’s exposure to secondhand vapor, which can have serious health implications.
“This is about protecting kids,” said Representative Rolanda Hollis, who sponsored the bill.
Bottom Line
- It is not illegal to vape and drive in Alabama unless you have a child aged 14 or younger in the vehicle.
- If you are transporting children in this age group, do not vape in the car or you risk a fine if stopped for another traffic violation.
- The law is clear in its intent to safeguard children’s health and is enforced as a secondary violation only.
Always check for updates to state and local laws, as regulations can evolve.
