Vaping at the wheel: what does the law say?

In France, there is no explicit general ban on vaping while driving. In practice, the rule is that the driver must remain “in control of the vehicle” in all circumstances. The official Service-Public website puts it this way: “vaping at the wheel is prohibited as soon as the electronic cigarette, held in the hand, prevents proper driving”. In plain terms, holding an e-cigarette in a way that interferes with driving (leaving only one hand free, for example) can amount to an offence. Whether a fine is issued depends on how the police assess the situation.

Situations that can be penalised

The situations that can be penalised are those in which vaping compromises road safety. For example:

• Device held in the hand. If the driver keeps only one hand on the wheel, because the other is holding the e-cigarette, they are not “fully in control of the vehicle”
• Reduced vision. A very dense cloud of vapour (with direct lung inhalation, or “DL”, for instance) can mist up the windscreen or obscure the mirrors. That narrows the field of vision, which the French highway code prohibits (see below)
• Distraction caused by handling the device. Adjusting the hardware while driving, changing a coil or filling the tank, amounts to a dangerous distraction, in the same way as answering a phone call
• Erratic behaviour. If, while vaping, the driver slows down abnormally, weaves across the lane or drives hesitantly, an officer may take the view that their attention is impaired

In these cases, it is article R.412-6 of the French highway code (see below) that is used to impose a penalty.

The highway code articles that apply

The main provision relied on is article R.412-6 of the French highway code. It states that “every driver must remain at all times in a state and in a position to carry out easily and without delay all the manoeuvres required of them”, and that their field of vision must not be reduced by the objects being carried. In other words, handling an object while driving, or obstructing the view with smoke or vapour, constitutes an offence. Article R.412-6-1 also expressly prohibits the use of a hand-held telephone while driving, and the same logic is applied by analogy. Where children are involved, it is article L.3512-9 of the French public health code that applies: “All occupants of a vehicle are prohibited from smoking in the presence of a child under the age of eighteen”

Fines and penalties

There is no specific fine called “vaping at the wheel”, but the offence generally falls into the second class of contraventions. In practice, if an officer considers that your vaping interfered with your driving, you face a fixed penalty of around €150 (reduced rate €35) for breaching article R.412-6. What is punished is not vaping in itself, but the dangerous behaviour it can lead to. Note that no licence points are deducted specifically for vaping. If, on the other hand, vaping is found to have contributed to an accident, even partially, the driver’s liability may be aggravated, with heavier penalties and consequences for insurance.

Visibility and driver attention

Producing dense vapour inside the cabin can seriously reduce the driver’s visibility. Article R.412-6 of the French highway code requires the field of vision to remain clear, so a driver whose windscreen is misted up by vapour would be committing an offence. In the same way, any distraction linked to the act of vaping, picking up the device or reaching for a bottle, is treated as dangerous. Handling an electronic cigarette while driving is regarded as driving without proper control. In those circumstances, the driver risks a fine for failing to remain in control of the vehicle.

Vaping in the presence of children

The law formally prohibits smoking in a car when a minor is present. That offence, under article L.3512-9 of the French public health code, carries a fine of up to €750, generally a fixed penalty of €135. The text covers tobacco and does not explicitly mention the electronic cigarette. In practice, the ban is extended by analogy to vaping: exposing a child to nicotine vapour is considered just as reprehensible. Case law and the authorities point out that caution is called for when a child is present, and that vaping at the wheel should be avoided.

Conclusion

In short, vaping at the wheel is not “banned by law” in the sense of a new rule of its own, but it falls under the highway code as soon as it compromises safety. Article R.412-6 requires the driver to remain “in control of the vehicle” at all times. Holding an object such as an e-cigarette, producing a cloud of vapour that gets in the way, or handling your hardware while driving can therefore lead to a fine. The police have wide discretion to penalise any distracting behaviour at the wheel. As a precaution, it is advisable to take your vaping break with the vehicle stationary, especially if children are on board, and to keep both hands on the wheel at all times.