Is It Illegal to Vape and Drive in Massachusetts? Here’s What the Law Says

By Rachel Greco

Published on:

Is It Illegal to Vape and Drive in Massachusetts Here's What the Law Says

In Massachusetts, vaping while driving is not explicitly prohibited under a specific law targeting e-cigarettes. However, existing regulations related to distracted driving and handheld device usage apply. Here’s a breakdown of the relevant laws:

Hands-Free Law (Effective February 23, 2020)

  • Handheld Device Ban: Massachusetts prohibits drivers from using handheld electronic devices while operating a vehicle, unless in hands-free mode. This includes vaping devices if they require manual handling (e.g., pressing a button, holding the device to inhale).
  • Penalties:
    • First offense: $100 fine
    • Second offense: $250 fine
    • Third/subsequent offenses: $500 fine + insurance surcharges.

Distracted Driving Laws

  • General Distraction: If vaping distracts the driver and leads to unsafe driving (e.g., swerving, delayed reactions), they can be cited under driving without due care and attention or similar statutes.
  • Accident Liability: Causing an accident while vaping could result in heightened penalties, including fines and points on a license.

Vaping in Vehicles with Minors

While Massachusetts does not currently ban vaping in cars with minors, some states prohibit vaping in vehicles when minors are present. In Massachusetts, such cases could still fall under broader child endangerment statutes if the vapor poses health risks or obstructs visibility.

Key Takeaways

  1. Hands-Free Compliance: Use vaping devices only in hands-free mode (e.g., voice-activated) to avoid violating the handheld device ban.
  2. Visibility and Safety: Large vapor clouds can obscure a driver’s vision, increasing accident risk.
  3. Passenger Vaping: Passengers may vape, but excessive vapor should be avoided to prevent driver distraction.

In summary, while no law directly bans vaping while driving in Massachusetts, using handheld devices (including most vapes) is prohibited under the hands-free law. Prioritize safety by minimizing distractions and adhering to general driving regulations.

Sources

  1. https://www.findlaw.com/state/criminal-laws/vaping-and-e-cigarette-laws-by-state.html
  2. https://www.podsalt.com/blog/post/are-you-risking-your-license-by-vaping-in-the-car
  3. https://www.mass.gov/info-details/get-the-facts-about-youth-vaping
  4. https://www.nbcboston.com/news/local/massachusetts-laws-taking-effect-in-2020/2055183/
  5. https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/ma

Rachel Greco

Rachel Greco covers life in US County, including the communities of Grand Ledge, Delta Township, Charlotte and US Rapids. But her beat extends to local government, local school districts and community events in communities that surround Lansing. Her goal is to tell compelling stories about the area that matter to local readers.

Recommend For You

Leave a Comment