In Alaska, vaping while driving is not explicitly illegal, but there are several laws and regulations that impact the use of e-cigarettes in vehicles.
Distracted Driving Laws
Alaska has strict laws against distracted driving, which could potentially apply to vaping while driving. According to Alaska Statutes § 28.35.161, it is illegal to drive while using electronic devices that provide visual displays visible to the driver.
While this law primarily targets texting and using screens, using an e-cigarette device with a display could potentially fall under this prohibition if it distracts the driver.
Smokefree Workplace Law
Alaska’s Smokefree Workplace Law, which went into effect in October 2018, prohibits smoking and vaping in many public places and workplaces. This law extends to vehicles used for public transportation, including:
- Buses
- Ferries
- Taxis
- Other vehicles used for public transportation
For drivers of these vehicles, vaping while driving is explicitly prohibited.
Private Vehicles
For private vehicles, the situation is less clear-cut. The Smokefree Alaska Law allows smoking and vaping in private residences and vehicles. However, this does not necessarily mean it’s legal to vape while actively driving a private vehicle.
Potential Risks and Considerations
Even if not explicitly illegal, vaping while driving could potentially be considered negligent or reckless driving if it causes a driver to become distracted or impaired. Some potential risks include:
- Reduced visibility due to vapor clouds
- Distraction from manipulating the e-cigarette device
- Potential for spills or malfunctions that could startle the driver
Exceptions and Special Circumstances
There are some exceptions and special circumstances to consider:
- Business vehicles: Smoking is permitted in a business vehicle used exclusively by only one person, unless prohibited by the business owner/operator.
- Commercial fishing boats: Smoking and vaping are allowed on vessels engaged in commercial or sport charter fishing, unless prohibited by the owner or operator.
Recommendations
While vaping while driving a private vehicle is not explicitly illegal in Alaska, it’s generally advisable to avoid it for safety reasons. If you must vape while in your vehicle, it’s safer to pull over to a safe location first.
For those driving vehicles used for public transportation or as part of their employment, vaping is prohibited under the Smokefree Workplace Law.
In summary, while there is no specific law in Alaska that makes vaping while driving illegal in all circumstances, there are several laws and safety considerations that impact this activity.
Drivers should be aware of the potential risks and legal implications, especially if driving for work or operating a vehicle used for public transportation.
As laws can change and interpretations may vary, it’s always best to err on the side of caution and avoid any activities that could potentially distract from safe driving.
Sources:
- https://ecigator.com/business/vaping-laws-in-alaska-is-it-legal-to-vape-in-alaska/
- https://health.alaska.gov/dph/Chronic/Pages/Tobacco/SmokefreeWorkplace/FAQ.aspx
- https://health.alaska.gov/dph/Chronic/Documents/Tobacco/SmokeFreeWorkplace/BusinessPacket.pdf
- https://law.justia.com/codes/alaska/title-28/chapter-35/article-3/section-28-35-161/
