Can I smoke in a car with children present?
No — it's illegal to smoke in an enclosed private vehicle that's carrying anyone under 18. The basis is the Smoke-free (Private Vehicles) Regulations 2015 (and Scotland's 2016 Act). There are two offences: smoking with an under-18 present, and a driver failing to stop someone else smoking. It applies even with a window open, the air-con on or the sunroof open, and whether the car is moving or stationary. A convertible counts as smoke-free unless the roof is fully down and stowed. It's enforced by the police and, in England and Wales, local-authority officers. Vaping and e-cigarettes are not covered, and the rule doesn't apply to a lone 17-year-old driving with no under-18 passenger. In short: no smoking with under-18s in the car.
📋 The rules
- Illegal to smoke in an enclosed car with an under-18
- Two offences: smoking, and a driver not stopping it
- Applies even with a window/sunroof open
- Applies whether moving or stationary
- A convertible is exempt only with the roof fully down
🔓 Exceptions
- Vaping/e-cigarettes are not covered
- A convertible with the roof fully down and stowed is exempt
- Doesn't apply to a lone 17-year-old driving with no under-18 passenger
⚠️ Penalties & fines
In England and Wales each offence is a £50 fixed penalty — so a driver who smokes with a child present can face two £50 fines (for smoking and for not stopping it). In Scotland it's a £100 fixed penalty, rising to a court fine up to £1,000. There are no licence points. Beware a myth: "cracking a window makes it legal" is false — ventilation is irrelevant; only a convertible with the roof fully down and stowed is exempt. (The rules cover England, Wales and Scotland.) To stay legal and protect children: simply don't smoke in a car when anyone under 18 is on board — wait until they're out, or step out yourself.
📎 Official sources
- GOV.UK — smoking in cars with children →
- Smoke-free (Private Vehicles) Regulations 2015 →
- Ask the Police — smoking in cars →
❓ Frequently asked
Is it illegal to smoke in a car with kids?
Yes. Since October 2015 it's illegal to smoke in an enclosed private vehicle when someone under 18 is present, in England, Wales and Scotland. There are two offences: the person smoking commits one, and a driver who fails to stop someone smoking commits another. The aim is to protect children from second-hand smoke.
Does opening a window make it legal?
No. Opening a window, turning on the air conditioning or opening the sunroof makes no difference — the ban still applies. The only vehicle exemption is a convertible with the roof fully down and stowed, which isn't treated as enclosed. Otherwise, any enclosed car with an under-18 on board is smoke-free.
Does the ban cover vaping?
No. The law covers smoking tobacco, not vaping or e-cigarettes, so using an e-cigarette in a car with children isn't an offence under these regulations. However, many health bodies still advise against vaping around children in confined spaces. The smoking ban itself applies specifically to lit tobacco products.
What's the penalty?
In England and Wales, each offence is a £50 fixed penalty notice, so a driver smoking with a child present could receive two £50 fines. In Scotland, it's a £100 fixed penalty, which can rise to a court fine of up to £1,000. There are no penalty points on your licence for this offence.
Does it apply when the car is parked?
Yes. The ban applies whether the vehicle is moving or stationary, as long as it's enclosed and carrying someone under 18. So you can't get around it by pulling over and keeping the engine off. The only situation that isn't covered is a convertible being driven or sat in with the roof fully down.
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