As vaping becomes more popular, especially among young people, many are now asking—can you vape while driving in New Jersey? The answer isn’t as simple as a “yes” or “no,” because New Jersey doesn’t have a clear law that bans vaping behind the wheel. However, that doesn’t mean it’s always safe—or without consequences.
What is Vaping?
Vaping is the act of using an electronic cigarette or vape pen to inhale vapor. These devices heat liquids, often containing nicotine, to create a vapor that is then inhaled. It’s a common alternative to smoking and has become a frequent sight, including inside cars.
But just because it’s common doesn’t mean it’s always legal or safe, especially while driving.
What Does New Jersey Law Say About Vaping and Driving?
At present, New Jersey does not have a specific law that bans vaping while driving. So technically, you can vape while driving, as long as it doesn’t break any other law.
However, that doesn’t mean you can do whatever you like. Vaping can still lead to other legal problems if it affects your driving.
For example:
- Creating large vapor clouds that block your view could be dangerous.
- Refilling your vape device or adjusting it while driving might be seen as distracted driving.
So while vaping in a car isn’t illegal on its own, it can still lead to a traffic stop if police believe it affects your control of the vehicle.
What About Smoking or Vaping With Kids in the Car?
Some states have laws that ban smoking or vaping in a vehicle when children are inside. While New Jersey has tried to pass similar laws, efforts in 2015 and 2022 didn’t move forward and died in committee.
Currently, there is no New Jersey law that bans smoking or vaping in a private vehicle—even when minors are present. This is despite rising concerns about secondhand exposure to vape aerosols and smoke in closed spaces like cars.
NJ’s Smoke-Free Air Act and Vehicles
New Jersey’s Smoke-Free Air Act, first passed in 2006, bans smoking and vaping in many public areas, such as:
- Parks
- Beaches
- Public transport
But this law does not apply to private vehicles, which means that smoking and vaping inside your own car is not illegal, even with kids present.
Is Vaping Behind the Wheel Safe?
While vaping in the car might be legal, safety is another issue. A few reasons why vaping while driving can be risky:
- Taking your hands off the wheel to use your vape
- Blowing thick clouds that block your view
- Getting distracted while adjusting vape settings or handling e-liquids
These actions could easily lead to accidents or citations for distracted driving, which is a serious offense.
Vaping while driving in New Jersey is not illegal, but that doesn’t mean it’s always a good idea. You could still be stopped or fined if your vaping leads to unsafe driving or obstructed vision.
Also, while the state doesn’t yet ban vaping around children in cars, this may change in the future as public health concerns grow. Until then, it’s best to prioritize safety, stay alert, and avoid any behavior that could distract you while on the road.
FAQ
Is it illegal to vape while driving in New Jersey?
No, there is no specific law banning vaping while driving in New Jersey. But it could lead to distracted driving charges if it affects your ability to drive safely.
Can I vape in the car with kids in New Jersey?
Yes, currently there is no state law that bans vaping in a car with children present in New Jersey.
Can police stop me for vaping while driving?
Yes, if your vaping creates visibility issues or distracts you from driving, you may be stopped and even cited.
Is vaping covered under New Jersey’s Smoke-Free Air Act?
Yes, but only in public spaces like parks and transport. The law does not apply to private vehicles.
Can I be fined for distracted driving if I vape?
Yes, if an officer believes your use of a vape device was a distraction, you could be cited under distracted driving laws.