Is it illegal to smoke in a car with a child? In many places, yes. England, the Republic of Ireland, New South Wales in Australia and California all prohibit smoking in a vehicle when a child is inside, but the age limit, the penalty and who can be punished differ. This guide sets out what each official source says, tells you where we could not verify the detail, and explains why opening a window does not make smoking in a car with a child safe.
The Short Answer: Where Smoking With Kids in the Car Is Banned
The table shows what we could confirm from official government or legislation pages. It is not a complete world list. Where we could not read an official source, we say so rather than guess.
| Jurisdiction | Who counts as a child | Penalty stated by the source | Source |
|---|---|---|---|
| England | Anyone under 18 | £50 fixed penalty notice, per offence | UK Department of Health and Social Care |
| Republic of Ireland | Anyone under 18 | Fixed charge notice, or a class D fine on summary conviction | Irish Statute Book, Act No. 40 of 2014 |
| New South Wales, Australia | Under 16 | $250 on-the-spot fine; up to $1,100 if taken to court | NSW Health |
| California, USA | A minor | Infraction, fine not exceeding $100 | California Health and Safety Code 118948 |
| Scotland, Wales, Northern Ireland | Not verified | Not stated | See below |
Health law is devolved across the UK, so England’s rule does not automatically describe the rest of the UK. The sections below take each place in turn. For background on why these laws exist, see our guide to secondhand smoke dangers for families, kids and pets.
England: Under 18, £50 Fine
The UK Government’s Department of Health and Social Care explains the rule in its guidance on the 1 October 2015 changes: “Private vehicles must now be smokefree if they are enclosed, there is more than one person present and one of them is under 18” (GOV.UK).
Two separate offences
- The smoker: it is an offence “for a person of any age to smoke in a private vehicle that is carrying someone who is under 18.”
- The driver: it is also an offence “for a driver (including a provisional driver) not to stop someone smoking in these circumstances.”
The guidance states: “The fixed penalty notice fine for both offences is £50. Somebody who commits both offences can get 2 fines.” Enforcement officers, usually the police, decide whether to give a warning, issue a fixed penalty notice or refer the case to court.
What counts as an enclosed vehicle
| Situation | Covered? |
|---|---|
| Car with the sunroof open | Yes, it is still enclosed |
| Convertible with the roof completely down and stowed | No |
| Sitting in the open doorway of an enclosed vehicle | Yes |
| Motorhome, campervan or caravan used as a vehicle | Yes |
| Motorhome, campervan or caravan used as living accommodation | No |
| Vaping (e-cigarettes) | No, the rules do not apply to e-cigarettes |
| A 17-year-old smoking alone in a private vehicle | No offence, because more than one person must be present |
The vaping exemption is specific to England’s rule. NSW, below, includes vaping, so do not assume the same exemption applies elsewhere.
Wales, Scotland and Northern Ireland: What We Could Not Confirm
We could not read the legislation text, or an official page stating the rule, for these three nations while preparing this guide. So we are not stating an age limit or a penalty for any of them, and you should not assume England’s figures apply.
Scotland
The Scottish Parliament’s website records the Smoking Prohibition (Children in Motor Vehicles) (Scotland) Bill. It states that “The Bill was passed on Thursday, December 17, 2015 and became an Act on Thursday, January 21, 2016” (Scottish Parliament). That page confirms the Act exists, but we did not verify the age limit, start date or penalty from the Act itself. Look up the Act on legislation.gov.uk if you need those details.
Wales
We could not read an official Welsh source that sets out the rule for smoking in a vehicle with a child, so we are not describing it. The Welsh Government keeps a list of its smoke-free legislation; check it, or the regulations themselves, before relying on a figure.
Northern Ireland
We could not read an official Northern Ireland source either, so we are not describing its rules. Check the Department of Health or NI Direct for the current position.
Republic of Ireland: Offence for Smoker and Driver
Ireland’s law is the Protection of Children’s Health (Tobacco Smoke in Mechanically Propelled Vehicles) Act 2014, Number 40 of 2014. The Irish Statute Book defines a child as “a person who has not attained the age of 18 years” (Irish Statute Book).
Section 2 prohibits smoking “by a person (including a child) of a tobacco product in a mechanically propelled vehicle in a public place and in which a child (or another child if the person smoking is a child) is present.” Three points follow from the text:
- The smoker commits an offence, and a child who smokes can also commit it if another child is present.
- The driver is also guilty where the person smoking is not the driver, though the driver has defenses. One is being unable to stop the smoking because of the driving, and another is making all reasonable efforts to prevent it.
- Gardai have powers to require the driver to stop the vehicle and to demand a name and address from a person suspected of the offence.
On penalties, the Act provides for a fixed charge notice with a 28-day payment period, with a payment 50 percent greater than the prescribed amount allowed in a second 28-day period. A conviction on summary conviction carries a class D fine. The enacted text we read does not state the euro amount of the fixed charge, so we do not quote one. That is the text as enacted in 2014, so check the Irish Statute Book for any later changes.
Watch: NHS Smokefree on the Law Change in England
NHS Smokefree published a short video when England’s law began. Its description says that from 1 October 2015 it is illegal to smoke in vehicles with someone under 18 present.
New South Wales, Australia: Under 16, $250 Fine
NSW Health states plainly: “Smoking or vaping in a car with a child under the age of 16 is against the law. A $250 on-the-spot fine applies to the driver and any passenger who breaks the law” (NSW Health).
- Law: the Public Health (Tobacco) Act 2008, in effect since 1 July 2009.
- Vaping: included, unlike England.
- Driver liability: “If a passenger is smoking or vaping, the driver will also be liable.”
- Court: if someone elects to have the matter dealt with by a court, the maximum fine a magistrate may impose is $1,100.
- Enforcement: NSW Police.
Other Australian states and territories have their own laws. We could not read official pages for them while preparing this guide, so check your own state or territory health department.
United States: California as an Example
In the United States the rules are set state by state, and some states have no such law. California is one clear example. Section 118948 of its Health and Safety Code states: “It is unlawful for a person to smoke a tobacco product in a motor vehicle, whether in motion or at rest, in which there is a minor.” A violation “is an infraction punishable by a fine not exceeding one hundred dollars ($100) for each violation” (California Legislative Information).
Note two differences from England. California’s text covers a vehicle “whether in motion or at rest,” and it uses the word “minor” without a specific age in the section we read. We have not verified the rules in other states, so look up your own state’s statute, or ask your state health department.
Why Opening the Window Does Not Help
Many smokers believe a cracked window makes it fine. The official sources disagree. The GOV.UK guidance explains: “Over 80% of cigarette smoke is invisible and opening windows does not remove its harmful effect.” NSW Health says: “Winding down the car window is not enough to stop tobacco smoke from affecting children.”
Children are more exposed than adults. NSW Health notes that “Children have smaller airways and breathe faster than adults, so they breathe in more harmful chemicals than an adult would in the same amount of time.” GOV.UK says secondhand smoke puts children at risk of conditions such as meningitis, cancer and respiratory infections such as bronchitis and pneumonia, and can make asthma worse.
If you want to know how secondhand smoke compares with smoking itself, see our article on whether secondhand smoke is worse than smoking. Pet owners can read about secondhand smoke risks for dogs and cats.
Making Your Car Smoke-Free
The law is the minimum. The simplest way to protect children, and avoid fines, is to stop smoking in the car at all times, even when no child is in it. Practical steps:
- Decide that the car is a smoke-free space and say so to everyone who rides in it.
- Remove ashtrays and lighters so the cue is gone.
- Plan the craving, not just the rule. Many smokers light up automatically at the start or end of a drive. Keep gum, water or a stress ball in the cup holder and take a few slow breaths before turning the key.
- Stop smoking before the trip and wait until you are out of the car, away from the children, if you are not ready to quit yet.
If you want a stronger reason than the law, our article on quitting smoking for your kids covers motivation. The how much money you save when you quit smoking article shows the cost side, and the how to quit smoking in 2026 complete evidence-based guide lays out every method. Age rules for buying tobacco are separate and are covered in our guide to the legal smoking age by country.
Using iQuit for Car Cravings
iQuit is free on Google Play and the App Store. For smokers who light up on the road, the useful parts are the craving log, where you record each craving with its trigger and intensity so you can see whether commutes and drives are your high-risk moments; SOS support with breathing and grounding exercises you can use once you have parked; and a dashboard of days smoke-free and money saved. Streak shields and slip recovery help you pick up again after a slip. iQuit does not give legal advice, and it does not replace advice from a clinician.
Frequently Asked Questions
Is it illegal to smoke in a car with a child in England?
Yes. Private vehicles must be smokefree if they are enclosed, more than one person is present and one is under 18. It is an offence for any person to smoke in that situation, and for the driver not to stop it. The fixed penalty notice fine is 50 pounds for each offence (GOV.UK).
Does the law cover vaping in the car?
It depends where you are. England’s rules do not apply to e-cigarettes, according to GOV.UK. In New South Wales, smoking or vaping in a car with a child under 16 is against the law, with a $250 on-the-spot fine (GOV.UK; NSW Health).
What is the age limit for smoking in a car with children?
It varies. England and Ireland use under 18, New South Wales uses under 16, and California refers to a minor. Always check your local law, because age limits, fines and exemptions are set by each government (GOV.UK; Irish Statute Book; NSW Health; California HSC 118948).
Can the driver be fined if a passenger smokes?
Yes in several places. In England it is an offence for a driver not to stop someone smoking. In Ireland the driver is also guilty, with defenses. In New South Wales a driver is liable if a passenger smokes or vapes (GOV.UK; Irish Statute Book; NSW Health).
Does opening the window make it legal or safe?
No. GOV.UK notes a vehicle with a sunroof open is still enclosed and covered. It also says over 80 percent of cigarette smoke is invisible and opening windows does not remove its harmful effect. NSW Health says winding down the window is not enough (GOV.UK; NSW Health).
How much is the fine for smoking in a car with a child?
England: 50 pounds per offence. NSW: $250 on-the-spot, up to $1,100 in court. California: up to $100 per violation. Ireland: a fixed charge notice or a class D fine on summary conviction. Amounts can change, so check current rules (GOV.UK; NSW Health; California HSC 118948; Irish Statute Book).
Is there a law in Wales, Scotland or Northern Ireland?
The Scottish Parliament records a Smoking Prohibition (Children in Motor Vehicles) (Scotland) Bill that became an Act on 21 January 2016. We could not verify the rules for Scotland, Wales or Northern Ireland from official legislation text, so we do not state them. Check the official government sites (Scottish Parliament).
How can I stop smoking in the car?
Make the car a smoke-free space, remove ashtrays and lighters, and plan for the craving at the start or end of drives with gum, water or slow breathing. A quit app can log your triggers so you see which journeys are risky, and a clinician can advise on medicines (iQuit product features).
Make Your Car Smoke-Free for Good
Get Through Car Cravings Without Smoking
iQuit lets you log cravings with their triggers, so you can spot the car journeys that set them off, and gives you SOS support with breathing and grounding exercises when a craving hits. Free on Google Play and the App Store.
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