Vaping while driving in Delaware is not explicitly illegal, but there are several laws and regulations that impact the use of e-cigarettes in vehicles. Here’s what you need to know about vaping and driving in Delaware:
General Vaping Laws
Vaping is legal for adults over 21 in Delaware. However, the state has implemented various restrictions on vaping, including:
- A ban on the sale of flavored vape products
- A $0.05 per milliliter tax on e-cigarette and vape products
- Prohibition of vaping in many public places under the Delaware Clean Indoor Air Act
Vaping in Vehicles
While there is no specific law banning vaping while driving, several regulations affect vaping in cars:
Smoking with Minors Present
Delaware law prohibits smoking in a vehicle when a person under 16 years of age is present, regardless of whether the vehicle is in motion or at rest. While this law specifically mentions smoking, it’s possible that law enforcement could interpret it to include vaping as well.
Distracted Driving Laws
Delaware has strict distracted driving laws that could potentially apply to vaping while driving:
- All drivers are prohibited from using handheld devices while behind the wheel
- Texting while driving is banned
While these laws don’t explicitly mention vaping, using an e-cigarette device could potentially be considered a form of distracted driving if it takes the driver’s attention away from the road.
Public Transportation and School Buses
Vaping is banned on public transit under the Delaware Clean Indoor Air Act. Additionally, school bus drivers are prohibited from using any type of cell phone, even hands-free, while driving. This restriction could potentially extend to vaping devices as well.
Enforcement and Penalties
It’s important to note that while state and local police are empowered to enforce smoking restrictions in vehicles, they cannot stop or detain a motor vehicle solely for a violation or suspected violation of these restrictions. This means that while vaping in a car with minors present may be illegal, it’s not a primary offense for which you can be pulled over.
Best Practices for Vaping and Driving
Given the ambiguity in the law and the potential risks, it’s advisable to follow these best practices:
- Avoid vaping while driving to prevent potential distraction
- Never vape in a vehicle with minors present
- If you must vape, pull over to a safe location first
- Be aware that vaping in your vehicle could be misinterpreted as smoking, which is illegal with minors present
While vaping and driving is not explicitly illegal in Delaware, it falls into a gray area that could potentially lead to legal issues. The safest approach is to avoid vaping while operating a vehicle.
Remember that laws can change, and local ordinances may have additional restrictions. Always prioritize safe driving and be aware of your surroundings when using any device in a vehicle.
Sources:
- https://ecigator.com/regulation/vaping-laws-in-delaware/
- https://law.justia.com/codes/delaware/title-16/chapter-29/section-2909/
- https://whyy.org/articles/delaware-law-restricting-vaping-takes-hold/
- https://www.nbcphiladelphia.com/news/local/delaware-set-to-ban-smoking-in-vehicles-with-children/3649895/
