{"id":23935,"date":"2020-06-01T06:47:00","date_gmt":"2020-05-31T17:47:00","guid":{"rendered":"https:\/\/www.drivingtests.co.nz\/resources\/?p=23935"},"modified":"2023-03-07T08:40:42","modified_gmt":"2023-03-06T19:40:42","slug":"are-you-allowed-to-smoke-with-children-in-the-car","status":"publish","type":"post","link":"https:\/\/www.drivingtests.co.nz\/resources\/are-you-allowed-to-smoke-with-children-in-the-car\/","title":{"rendered":"Are you allowed to smoke or vape with children in the car?"},"content":{"rendered":"\n

It is against the law for anyone to smoke in a motor vehicle which is carrying anyone under 18 years old (i.e. aged 0-17). <\/p>\n\n\n\n

Under the Smoke-Free Environments Amendment Bill<\/a>, police can issue an infringement fee (fine) up to $50 and, in the meantime will be exercising discretion in terms of giving warnings and education. If the case goes to court, they may issue at fine not exceeding $100.<\/p>\n\n\n\n

If a vehicle is used as a dwelling (e.g. a campervan, motorhome or house bus), there is an exemption as long as the vehicle is stationary and parked (i.e. not just stopped at a red traffic light<\/a>).<\/p>\n\n\n\n

The text of the legislation is:<\/p>\n\n\n\n

\n
20D: Smoking or vaping prohibited in motor vehicle carrying child occupant<\/h5>\n\n\n\n

(1) A person must not smoke or vape in a motor vehicle, whether moving or stationary, that is on a road and has a child occupant.<\/p>\n\n\n\n

(2) However, a person may smoke or vape in a motor vehicle if\u2014<\/p>\n\n\n\n

(a) the person is the only occupant of the motor vehicle who is under the age of 18 years; or<\/h5>\n\n\n\n
(b)<\/ins> the motor vehicle is\u2014<\/ins><\/h5>\n\n\n\n
(i)<\/ins> manufactured for use as an occasional or permanent dwelling; and<\/ins><\/h5>\n\n\n\n
(ii)<\/ins> stationary on a road and in use as a dwelling.<\/ins><\/h5>\n<\/div><\/div>\n\n\n\n

If you are the driver of a car and you are 16 or 17, can you smoke?<\/h2>\n\n\n\n

As per clause 20D(2)(a), if you are the only person in the car and you are aged 16 or 17, then you are allowed to smoke. <\/p>\n\n\n\n

\"\"
If you’re under 18 and the driver, and you’re the only one in the car, you can still smoke. <\/figcaption><\/figure>\n\n\n\n

If the car is a convertible with the roof down, can you smoke?<\/h2>\n\n\n\n

No. The law is clear: it applies to any motor vehicle which is being driven, regardless of whether it is open to the atmosphere or not. Note that a motor vehicle also includes a motorbike.<\/p>\n\n\n\n

Are you allowed to vape with children in the car?<\/h2>\n\n\n\n

The law also prevents vaping in a vehicle<\/a> when children are present (this is an amendment that came into force on 28 November 2021). While it’s not possible to have conducted long-term studies yet (vaping hasn’t been around that long), scientists are concerned about increases in certain types of conditions and reactions<\/a> in people who have been exposed to secondhand vape smoke, and in those who vape.<\/p>\n\n\n\n

\"\"
Vaping isn’t included in the law<\/figcaption><\/figure>\n\n\n\n

What are the other advantages of banning smoking in cars?<\/h2>\n\n\n\n

As well as preventing lung damage in thousands of children, smoking while driving<\/a> increases the crash risk and reduces the value of your vehicle.<\/p>\n\n\n\n

Can you be fined for smoking or vaping when children are in the car?<\/h2>\n\n\n\n

You can be fined up to $1000 for intentionally obstructing, hindering or resisting a police constable exercising powers under the Act to stop and question a driver who appears to be driving with a child while smoking or vaping.<\/p>\n","protected":false},"excerpt":{"rendered":"

It is against the law for anyone to smoke in a motor vehicle which is carrying anyone under 18 years old (i.e. aged 0-17). Under the Smoke-Free Environments Amendment Bill, police can issue an infringement fee (fine) up to $50…<\/span><\/p>\n

Read more ›<\/a><\/div>\n

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