Can I smoke in the car when a child is with me?
For now it isn't explicitly banned, but it's strongly discouraged — and a law is being prepared. In Romania, in mid-2026, there is not yet a legal provision specifically banning smoking in a private car in the presence of a minor. A bill that would ban smoking in cars carrying minors or pregnant women has been filed and is under parliamentary debate — but a similar bill was rejected in the past, so it is not in force. By contrast, Law 349/2002 (amended by Law 15/2016) already bans smoking in enclosed public spaces, at the workplace, on public transport and in children's playgrounds. In short: in your own car there's no sanction yet, but for health reasons it's strongly discouraged to smoke next to a child.
📋 The rules
- In a private car with a child: no legal sanction yet
- The bill for cars with minors: under debate, not in force
- Banned in enclosed public spaces (Law 349/2002)
- Banned on public transport and at the workplace
- Banned in children's playgrounds
🔓 Exceptions
- Your own car: a private space, not yet covered by a ban
- If the bill becomes law: smoking with minors will be sanctioned
- E-cigarettes: increasingly regulated, especially for minors
⚠️ Penalties & fines
At present, smoking in your own car next to a child is not sanctioned by a specific law. However, smoking in the places where it's banned (enclosed public spaces, public transport, playgrounds) is fined, for individuals, between 100 and 500 lei. If the bill under debate is adopted, smoking in a car with minors or pregnant women will become a contravention, with its own fine. Whatever the law, smoking in a small, enclosed space like the cabin exposes the child to second-hand smoke, with real health risks — the medical advice is never to smoke in the car when you have a child with you.
📎 Official sources
- Law 349/2002 on preventing the effects of tobacco →
- Law 15/2016 (amending Law 349/2002) →
- Ministry of Health →
❓ Frequently asked
Is it banned to smoke in the car with a child?
For now there's no law explicitly banning smoking in a private car in the presence of a minor. A bill to that effect is under parliamentary debate, but it isn't yet in force. For health reasons, smoking next to a child in the car is, however, strongly discouraged.
Is there a bill on this subject?
Yes. A bill has been filed that would ban smoking in cars carrying minors or pregnant women, and it's under debate. Note, however: a similar bill was rejected in the past, so the ban isn't guaranteed and has no effect until it becomes law.
Where is smoking already banned?
Law 349/2002, amended by Law 15/2016, bans smoking in enclosed public spaces, at the workplace, on public transport and in children's playgrounds. These bans apply now and are sanctioned, unlike smoking in your own private car.
What fine do I risk for smoking where it's banned?
For individuals, smoking in places where it's banned is fined between 100 and 500 lei. For businesses that don't observe the anti-smoking rules, fines are much higher and can include suspension of activity or closure of the premises in case of repeat breaches.
Why avoid smoking in the car with my child?
The cabin is a small, enclosed space where cigarette smoke concentrates fast. The child is exposed to second-hand smoke, with real risks to the lungs and health in general. Even without a legal ban, the clear medical advice is never to smoke in the car next to a child.
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