Smoking in cars carrying children
is now illegal in England and Wales.
Under the Smoke-Free (Private Vehicles) Regulations 2015, which came into force at midnight, it is now an offence
to smoke in any enclosed vehicle that is carrying persons under 18.
Those caught face a warning, a £50 fixed penalty, reduced to £30 if paid with two weeks, or a fine of up to £200 if convicted in a magistrates' court.
But what does the new law mean for you? Here's all your questions answered.
What does the new law on smoking in cars actually say?
From today it is illegal to smoke in a car or other vehicle with anyone under 18 present.
What's the penalty?
Both the driver and the smoker could be handed a £50 fixed penalty.
What about 17-year-olds driving on their own?
The new law does not apply to a 17-year-old driving on their own.
What if the car is a convertible?
The law applies to private vehicles enclosed wholly or partly by a roof, so if the car is a convertible and the top is down and stowed, then it is legal to smoke even if a child is in the back.
Can someone smoke with children in the back if they open the sunroof?
No, even if the sunroof is open, the car is still classed as being enclosed.
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What about if they park up for a smoke and open the door?
Again, the law applies. It is illegal to smoke in a car with children present if the car is moving or stationary.
What about motorhomes?
The legislation applies to motorhomes, campervans and caravans when they are being used as a vehicle but does not apply when they are being used as living accommodation.
What about e-cigarettes in the car?
The new law does not forbid smoking e-cigarettes in a car when children are present.
I didn't know about it - will I be fined straight away?
Not necessarily. Police and local authorities have been told they are able to enforce the law immediately, but are thought to favour a period of educating drivers rather than enforcement action.
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