As of February 2025, vaping while driving is not explicitly prohibited in Pennsylvania. However, there are some important considerations and recent legislative changes that affect the use of electronic cigarettes and vaping devices while operating a vehicle:
Distracted Driving Law
Pennsylvania’s new distracted driving law, known as Paul Miller’s Law, will come into effect on June 5, 2025. This law has implications for vaping while driving:
- It bans the use of hand-held devices while driving as a primary offense.
- The law defines an interactive mobile device (IMD) broadly, which could potentially include some vaping devices if they have interactive features.
- Drivers can be stopped by police if they have a mobile device in their hand while driving.
While vaping devices are not specifically mentioned in this law, using a vape pen that requires manipulation similar to a mobile device could potentially be interpreted as a violation.
Clean Indoor Air Act
Pennsylvania’s Clean Indoor Air Act has not been amended to prohibit the use of vapor products where smoking is prohibited. This means that vaping is not automatically banned in the same places as smoking, including vehicles.
Local Ordinances
Some municipalities in Pennsylvania have enacted their own ordinances regarding vaping:
- Philadelphia has banned vaping where smoking is prohibited, which includes outdoor spaces.
- Allegheny County prohibits the use of e-cigarettes and vaping products in indoor public places where cigarettes are already prohibited.
These local regulations primarily affect public spaces and may not directly apply to private vehicles.
Considerations for Drivers
While not explicitly illegal, vaping while driving could potentially:
- Be considered a form of distracted driving if it impairs the driver’s ability to operate the vehicle safely.
- Fall under the new distracted driving law if the vaping device requires significant manipulation.
- Be subject to local ordinances in certain municipalities.
As of February 2025, there is no specific statewide law in Pennsylvania that prohibits vaping while driving. However, drivers should be aware of the upcoming distracted driving law and local ordinances that may affect vaping in vehicles. It’s always recommended to prioritize safe driving practices and avoid any activities that could potentially distract from operating a vehicle safely.
Sources
- https://www.pa.gov/agencies/penndot/traveling-in-pa/safety/traffic-safety-driver-topics/distracted-driving.html
- https://casaa.org/get-involved/state-locator/pennsylvania/
- https://www.rgsglaw.com/is-it-illegal-in-pennsylvania-to-use-vape-pens-wax-or-oil-containing-thc/
- https://gambonelaw.com/what-parents-and-students-need-to-know-about-vaping-in-and-around-school-in-pennsylvania-new-jersey/
- https://www.alleghenycounty.us/files/assets/county/v/1/government/health/documents/e-cig-faq.pdf
