Vaping has become increasingly common, but when it comes to using e-cigarettes behind the wheel in New York, the law is nuanced. Here’s what drivers need to know in 2025:
No Statewide Law Explicitly Banning Vaping While Driving
- There is currently no specific statewide law in New York that makes it illegal for adults to vape while operating a motor vehicle, as long as the act does not distract the driver or violate other traffic laws.
- However, using any handheld electronic device while driving—such as texting, emailing, or browsing on a vape device with a screen—is illegal under New York’s distracted driving laws. This includes activities like adjusting settings on a vape if it requires manual, visual, or cognitive attention similar to a phone or other electronic device.
Vaping with Minors in the Car
- While New York bans smoking tobacco in vehicles with minors present, the law’s definition of “smoking” specifically refers to the burning of tobacco products, not vaping. As of now, this law does not explicitly include vaping or e-cigarettes.
- However, some localities or future state laws may expand this definition to include vaping, so it’s wise to check for updates in your area.
Vaping Cannabis in Vehicles
- It is illegal to vape cannabis in any motor vehicle in New York, whether you are driving or parked. This is treated similarly to alcohol or open containers, and violations can result in fines and other penalties.
Distracted Driving and Vaping
- If vaping distracts you from driving—such as taking your hands off the wheel, your eyes off the road, or your mind off the task—you could be cited for distracted driving. Penalties for distracted driving include fines up to $200 for a first offense, with increased penalties for repeat offenses, and points on your license.
Vaping Where Smoking is Banned
- New York bans vaping anywhere smoking is banned, including many public places and workplaces, but this does not automatically extend to private vehicles unless other laws apply.
- In New York City, the law specifically prohibits vaping cannabis in private cars.
Summary Table: Vaping and Driving in New York
| Scenario | Is It Illegal? |
|---|---|
| Vaping nicotine while driving (adult, alone) | No explicit statewide ban, but can be cited for distracted driving if not attentive |
| Vaping with minors in the car | Not explicitly banned (as of 2025), but smoking tobacco is banned |
| Vaping cannabis in any vehicle | Yes, illegal |
| Using vape device as a handheld electronic | Yes, if it distracts from driving |
It is not specifically illegal for adults to vape nicotine while driving in New York, but you can be cited if it distracts you or if you use the device as a handheld electronic. Vaping cannabis in any vehicle is illegal. Always check for local regulations and stay updated, as laws can change.
Sources:
- https://ag.ny.gov/press-release/2025/attorney-general-james-sues-nations-largest-vape-distributors-fueling-youth
- https://www.nysenate.gov/legislation/bills/2025/A337
- https://www.nysenate.gov/legislation/bills/2025/S902
- https://ag.ny.gov/press-release/2025/attorney-general-james-and-new-york-state-department-health-take-action-shut
- https://www.fingerlakes1.com/2025/04/07/new-york-distracted-driving-crackdown-2025/