Smoking in a car with a child is against the law
If anyone under 18 is in the car, you cannot smoke — not the driver, not a passenger. Breaking the rule carries a fine.
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Many people do not realise this is an outright legal ban, not just advice.
What is banned
Under the Smoke-free (Private Vehicles) Regulations 2015, since 1 October 2015 a private vehicle in England must be smoke-free if someone under 18 is present. There are two offences: smoking in such a vehicle, and — separately, for the driver — failing to stop someone else smoking in those circumstances. Breaking it carries a fixed penalty notice.
Points people often ask about
An open window or sunroof does not help — the ban still applies. The rule covers smoking tobacco; it does not apply to e-cigarettes (vaping). The purpose is simple — to protect children from second-hand smoke in the enclosed space of a car.
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