Can I smoke while driving?

Keep left unless overtaking sign

Although smoking could be considered a distraction under NSW Road Rule 297(1) it is not illegal.

However, the practice is far more concerning if there are young passengers in your vehicle.

Smoking in a motor vehicle with a child under the age of 16 is an offence under the Public Health (Tobacco) Act 2008. The law was introduced to protect children from second-hand tobacco smoke which can harm their growing lungs and can lead to an increased risk of asthma and other respiratory infections.

A $250 on the spot fine can be issued to the driver and any passenger who breaks the law. There are also heavy penalties for people caught throwing lit cigarette butts from vehicles, which can also start bush and grass fires, especially during days of total fire ban or during bush fire danger period.

Do you see many drivers smoking on the road?

Need to brush up on your driving skills?

Kick bad driving habits with the NRMA driver training team

The information contained on this webpage is provided for general information purposes only and should not be relied upon as legal advice or as a substitute for legal advice.

Whilst we endeavour to ensure the information is complete and up to date, we make no warranties as to the accuracy or any other aspect of the information and accept no responsibility for any loss or damage you may suffer as a result or your reliance on any part of it. Links to other websites are inserted for convenience only and do not constitute endorsement of material on those sites, or any associated organisation, product or service.