Can I smoke in the car?
Today you can in your private car, with caveats; the new law will restrict it. Currently, smoking in your private car isn't generally banned. It is banned in public-transport vehicles and in work vehicles when used by more than one person. The new anti-tobacco law in process (draft, not yet in force) plans to extend bans, including smoking in vehicles with minors aboard and in chauffeur-driven service vehicles. Also, beyond tobacco, smoking while driving can distract you: if it affects driving (letting go of the wheel, flicking the butt out of the window), it can be sanctioned as distracted driving or throwing objects onto the road. It's worth following the new law's progress.
📋 The rules
- Today: allowed in the private car, with caveats
- Banned in public transport and shared work vehicles
- New law (draft) plans to ban with minors: not in force
- Smoking while driving can be distracted driving
- Flicking the butt out of the window is fined
🔓 Exceptions
- Public-transport and multi-person work vehicles: banned
- When the new law takes effect, new bans will be added
- Regions or town halls may bring forward restrictions
⚠️ Penalties & fines
Smoking in a vehicle where it's already banned (public transport, shared work vehicles) is an offence under the anti-tobacco rules. And although smoking in your car is still allowed, if the action distracts driving it can be sanctioned as negligent or distracted driving, and flicking the butt out of the window is a serious offence (fire risk) with a high fine. The new anti-tobacco law will extend the ban, especially with minors aboard, so it's worth following its entry into force. For safety and the passengers' health, it's best not to smoke while driving or with children in the car.
📎 Official sources
- BOE · Law 28/2005 on measures against smoking →
- DGT · Distractions at the wheel →
- Ministry of Health · Draft tobacco law →
❓ Frequently asked
Is smoking in the car banned?
In your private car, it isn't generally banned today. It is in public-transport and shared work vehicles. The new anti-tobacco law in process plans to extend the ban, for example to cars with minors aboard.
Can I smoke while driving?
Smoking while driving is still allowed in the private car, but if it distracts you (letting go of the wheel, handling the cigarette), it can be sanctioned as distracted or negligent driving. For safety, it's best not to do it while driving.
And if I have children in the car?
For now there's no general state ban, but the new anti-tobacco law in process plans to ban smoking in vehicles with minors aboard. Beyond the law, smoke is especially harmful to children, so it's advisable not to smoke with them in the car.
Can I be fined for flicking the butt out of the window?
Yes, and the fine is high. Throwing objects onto the road, especially a lit butt, is a serious offence due to the fire risk, especially on the highway and in high-risk season. You should never flick the butt out of the window.
Does the new law already ban smoking in the car?
No. The draft anti-tobacco law is in process and not yet in force. When it's approved and published, it will extend the bans, including smoking in vehicles with minors. Until then, the current rules apply.
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