Is it legal to smoke in a car?

Throughout Australia, it is illegal to smoke when you have minors in the car, but the exact penalties vary by state.

No, driving and smoking are not prohibited, but it is prohibited to smoke in a car in the presence of minors.

Smoking has become a major public health concern and while it is not illegal to smoke while driving in a private vehicle, smoking in cars is regulated. Throughout Australia, it is illegal to smoke when you have minors in the car, but the exact fines (and age limits) vary from state to state. 

The New South Wales Health website makes it clear that smoking cigarettes or e-cigarettes in a car with children under 16 is illegal, a law enforced by the New South Wales Police Force.

South Australia's public health authority, SA Health, also has a lengthy information page on smoking in cars. Smoking in a car with passengers under 16 years of age is prohibited, and SA Health makes it clear that this law applies not only to drivers, but to everyone in the vehicle, whether the car is in motion or parked. 

Under the 2011 legislation, it is also illegal in the Australian Capital Territory to smoke cigarettes or e-cigarettes in a vehicle with children under 16 years of age. In Western Australia, according to WA Health's page on smoke-free vehicles, it is illegal to smoke in a car if you have children under 17 in the car with you. Do this anyway, and you face a $200 fine or a fine of up to $1000 if your case goes to trial.

In the Northern Territory, the NT government page on the subject confirms that since indoor smoking increases exposure to secondhand smoke, police can issue a ticket or fine on the spot if they notice you are smoking in a car with children under 16 present. In Victoria, according to the Victorian Government Health Information, the rules are even stricter: children are defined as those under the age of 18. You can get fined over $500 if you smoke in a car in the presence of someone under 18. at any time, whether the windows are open or down. 

According to Queensland Health, it is illegal to smoke in vehicles if children under 16 are present, and if the vehicle in question is used for official purposes and there is more than one person in it. Similarly, in Tasmania, according to the website of the Department of Health and Human Services, it is illegal to smoke in a vehicle with children under the age of 18. It is also forbidden to smoke in a working vehicle in the presence of other people. 

Quick note; this article is not intended as legal advice. You should check with your local road authorities to make sure the information written here is appropriate for your situation before driving this way.

How do you feel about smoking in the car? Let us know about it in the comments.