Vaping in a car with a child present could soon be banned in England under new Government proposals.
As part of a wider drive to improve public health, ministers are looking to introduce fresh measures aimed at shielding children from the effects of second-hand smoke and vapour.
A 12-week public consultation on the proposed restrictions is now underway and will close on 8 May 2026. The outcome will help shape future regulations under the Tobacco and Vapes Bill, which is currently progressing through Parliament.
Smoking in a car carrying a child has been illegal in England and Wales since October 2015. Both the driver and the person smoking can be issued with a £50 fixed penalty notice, even if the vehicle’s windows are open.
In Scotland, a similar ban came into force on 5 December 2016.
Under the latest proposals, people would be prohibited from smoking, vaping or using heated tobacco products in cars where children are present, as well as in public playgrounds.
England’s Chief Medical Officer, Chris Whitty, said:
“People who do not smoke but who are exposed to second-hand smoke can suffer significant harmful effects on their health, including an increased risk of asthma, poor birth outcomes, several cancers, stroke and heart disease.
“The health risks are greatest for children, pregnant women and people with medical conditions.”
The proposals would also extend smoke-free and heated-tobacco-free rules to outdoor areas around healthcare settings and to indoor spaces where smoking is already banned.
However, the measures would not apply to outdoor hospitality venues such as pub gardens, nor to private homes or private outdoor spaces.
The Secretary of State for Health and Social Care, Wes Streeting, said:
“Second-hand smoke increases the risk of heart disease and lung cancer, and we want to protect children and the sick from harm.”
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Freeman & Co. are a specialist firm of road traffic and criminal defence solicitors based in Manchester but with nationwide coverage.
Freeman & Co. specialise in a wide variety of road traffic cases, ranging from drink driving, speeding and mobile phone offences, to name but a few.
The firm was created by Nick Freeman, who has been dubbed “Mr Loophole” by the press for his technical legal ability and robustly challenging the prosecution.
Nick is well regarded as an expert road traffic lawyer and has successfully represented many high profile clients for a variety of motoring offences as well as criminal offences.
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