From 5 Dec 2016, smoking in a vehicle with anyone under 18 is illegal.

Questions & Answers

QIf I smoke in a car with children, will I be fined?

AFrom the 5th December it is illegal to smoke in a vehicle with anyone under the age of 18. You can be fined for doing so.

QHow much is the fine?

AThe maximum fine for this offence is £1,000, but you may be offered the option of a fixed penalty. The fixed penalty will be £100.

QIf someone else is smoking while I am driving, will I be fined?

ANo. The smoker is the person who would be fined.

QWhere does the law apply? Who does it apply to?

AThe law applies in Scotland and to everybody in a motorised vehicle in a public place in Scotland.

QWhat if I smoke in the car with the window open?

AOpening a window does not get rid of the harmful chemicals from second hand smoke. Therefore, no matter if you have the windows open and/or the air conditioning on, if you smoke in a vehicle with someone under the age of 18 you are breaking the law.

QIf I drive a convertible and smoke when the roof is down am I breaking the law?


QDoes this also include e-cigarettes?

ANo. E-cigarettes are not covered by the new law.

QDoes the law apply when car is parked/stationary?

AYes – the law applies whether the car is moving or not.

QWhat about if car is in my own driveway?

AThe law does not apply when the car is in a private driveway.  The law applies when the car is in any public place.

QDoes the law apply to caravans/mobile homes?

AThe law only applies to motorised vehicles, so does not apply to caravans which are towed.  The law applies to mobile homes, but not while they are parked and are being used as living accommodation.