In Idaho, vaping while driving is not explicitly prohibited for adults under most circumstances. However, specific laws and regulations address vaping in vehicles, particularly when minors are present. Here’s a detailed breakdown of what the law says:
Vaping in Vehicles with Minors Present
Idaho law prohibits smoking or vaping in a motor vehicle if a minor under the age of 18 is present. This regulation was established through ID S1162, which added this restriction to existing motor vehicle laws in 2023. Key points about this law include:
- Secondary Enforcement: Police can only issue a citation for this violation if the driver has been stopped for another suspected offense (e.g., speeding or running a red light).
- Penalty: Violators face a $50 fine. However, the violation does not result in points on the driver’s record or affect insurance rates.
- Definition of Vaping: The law defines vaping as inhaling vapor from electronic cigarettes or similar devices.
This law aims to protect minors from secondhand exposure to harmful chemicals emitted by vaping devices.
Vaping While Driving Without Minors
Outside of situations involving minors, there is no statewide law that explicitly bans adults from vaping while driving. However, drivers should be aware of potential risks and related legal considerations:
- Distracted Driving: Vaping while driving could be considered a form of distracted driving if it interferes with your ability to operate the vehicle safely. If an officer observes erratic driving behavior linked to vaping, you could be cited under general traffic safety laws.
- Local Ordinances: While state law does not broadly prohibit vaping while driving, some local jurisdictions may have additional restrictions. It’s important to check local regulations when traveling through different areas of Idaho.
Broader Vaping Regulations in Idaho
In addition to the vehicle-specific law, Idaho has other vaping regulations that may indirectly impact drivers:
- Tobacco 21 Law: As of July 1, 2022, Idaho raised the minimum age for purchasing vaping products to 21 years, aligning with federal law. This law ensures that youth are protected from nicotine addiction but does not directly affect adult drivers.
- Vaping Bans in Certain Locations: Vaping is banned in state-owned vehicles and properties, as well as in other designated smoke-free areas.
Practical Considerations for Drivers
- Avoid Distractions: Even though vaping while driving is not explicitly illegal (except with minors present), it’s essential to avoid distractions that could compromise road safety.
- Be Aware of Local Laws: Local ordinances may impose stricter rules on vaping in vehicles.
- Protect Minors: Always refrain from vaping if minors are in the car to comply with state law and prioritize their health.
Conclusion
In Idaho, it is not illegal for adults to vape while driving unless minors under 18 are present in the vehicle. In such cases, state law prohibits vaping as a secondary offense, punishable by a $50 fine.
Drivers should also exercise caution to avoid distracted driving and stay informed about local regulations that may impose additional restrictions. Always prioritize safety and compliance with state laws to ensure responsible use of vaping devices while on the road.
SOURCES:-
- https://www.billtrack50.com/billdetail/1599394
- https://www.billtrack50.com/billdetail/1197198
- https://www.findlaw.com/state/criminal-laws/vaping-and-e-cigarette-laws-by-state.html
