In Alabama, it is not generally illegal for adults to vape while driving. There is no statewide law that prohibits the act of vaping in a vehicle if you are alone or with other adults. However, there are important exceptions and related regulations that drivers should be aware of.
Key Exception: Children in the Vehicle
- Illegal With Minors Present: Alabama law prohibits vaping in an enclosed motor vehicle when a child 14 years old or younger is present, regardless of whether the car is moving or stationary, and whether the windows are open or closed.
- Penalty: Violating this law can result in a fine of up to $100 for each offense.
- Enforcement: This is a secondary offense, meaning police can only cite you for vaping with a child present if you are stopped for another traffic violation first.
Vaping and Distracted Driving Laws
- No Specific Ban on Vaping and Driving: There is no law that specifically bans vaping while operating a vehicle, unless it leads to distracted driving.
- Hands-Free Law: Alabama’s hands-free law, effective June 2024, prohibits drivers from holding or using cell phones and other electronic devices while driving, but it does not mention vaping devices. The law is aimed at reducing distracted driving related to electronic communication devices, not vaping.
Other Considerations
- Professional and Child Transport: Licensed emergency medical providers and vehicles used to transport children are subject to stricter rules and may not allow vaping while driving, regardless of passenger age.
- Local Ordinances: Always check for any city or county-specific ordinances that may impose stricter rules.
Summary Table: Vaping and Driving in Alabama
| Scenario | Legal? | Notes |
|---|---|---|
| Vaping while driving (adults only) | Yes | No statewide ban |
| Vaping while driving with child ≤14 present | No | $100 fine; secondary offense |
| Vaping while driving (professional transport) | No | Prohibited in ambulances, child transport vehicles |
| Vaping device as distraction | Risky | Could be cited if it causes distracted driving |
It is legal for adults to vape and drive in Alabama unless a child age 14 or younger is present in the vehicle. In that case, it is illegal and subject to a fine. Vaping is also banned in certain professional and child transport vehicles.
While vaping itself is not banned for drivers, always ensure it does not distract you from safely operating your vehicle, as distracted driving can lead to other violations.
Sources:
- https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/al
- https://law.justia.com/codes/alabama/title-32/chapter-5a/article-15/section-32-5a-331/
- https://www.youtube.com/watch?v=6EMHu8kOFlU
- https://www.mobilepd.org/alabamas-no-smoking-law-or-vaping-with-kids-under-14-in-the-car/