Vaping while driving is a common question for Oregon motorists, especially as vaping laws have tightened in recent years. Here’s what you need to know about the legality of vaping behind the wheel in Oregon.
Vaping and Driving: The Basics
Vaping While Driving Alone
- There is no statewide law in Oregon that specifically prohibits adults from vaping in their own vehicle while driving, provided no other laws are being broken.
- However, distracted driving laws apply: If vaping distracts you from safely operating your vehicle, you could be cited for distracted driving, similar to eating or using a phone while driving.
Vaping With Minors in the Car
- It is illegal to vape (or smoke) in a motor vehicle if anyone under 18 years old is present.
- This is a Class D traffic violation for a first offense and a Class C violation for subsequent offenses.
- Police can only cite you for this if you are stopped for another traffic violation (it is a “secondary offense”).
Other Relevant Laws
- Public Places: Vaping is banned in most public places and workplaces, but this does not include private vehicles unless a minor is present.
- Distracted Driving: Using electronic devices (like phones) while driving is illegal, but vaping devices are not specifically included in this law unless they cause distraction.
Summary Table
| Situation | Legal to Vape While Driving? |
|---|---|
| Alone/adult passengers only | Yes, unless distracted driving |
| With anyone under 18 in the car | No, illegal |
| In public places/work vehicles | No, illegal |
In Oregon, it is legal for adults to vape and drive as long as no one under 18 is in the vehicle and you are not distracted. Vaping with minors in the car is illegal and can result in a traffic citation. Always drive safely and avoid distractions, regardless of what you’re doing behind the wheel.
Sources:
- https://casaa.org/get-involved/state-locator/oregon/
- https://olis.oregonlegislature.gov/liz/2025R1/Downloads/MeasureDocument/HB3559/Introduced
- https://kcby.com/news/local/oregon-lawmakers-statewide-ban-flavored-nicotine-products-vape-tobacco-menthol-cigarettes-sale-money-politics-health
- https://www.oregon.gov/oha/PH/DISEASESCONDITIONS/CHRONICDISEASE/HPCDPCONNECTION/Documents/TobaccoLaws.pdf