As vaping becomes more popular, people wonder if it is legal to vape while driving. This is especially true in states like Massachusetts that have specific rules about e-cigarettes and smoking in general.
There are strict laws in Massachusetts about both tobacco products and car safety, so it is important for drivers to know the rules about vaping while driving.
This article goes into detail about the laws, possible penalties, and safe ways to vape while driving in the Bay State.
Vaping and Driving: Legal Status in Massachusetts
As of now, there are no specific Massachusetts laws outright prohibiting the act of vaping while driving. Unlike drinking alcohol or smoking marijuana in a vehicle, vaping does not fall under the same zero-tolerance laws.
However, that doesn’t mean drivers have complete freedom. Vaping can still lead to legal consequences if it interferes with safe driving, especially if it causes distractions.
Distracted Driving Laws Apply
The Hands-Free Law, which says you can not hold or use any electronic device while driving, is the main law that Massachusetts enforces when it comes to distracted driving.
Vaping devices are not specifically mentioned, but holding a vape, blowing vapor that blocks your view, or doing anything else that takes your attention away from the road can be considered distracted driving if it makes you drive unsafely.
In this case, a driver may get a ticket or other punishments for driving while distracted. Fines for first-time offenders range from $100 to $500, and other punishments like having to go to driver’s ed may also be added.
Vaping Around Minors
Massachusetts has strict laws to keep kids from being exposed to secondhand smoke. As part of these protections, it is against the law to smoke in a car with a child younger than 18.
Traditional tobacco products and vaping are both affected by this rule. Drivers can be fined if they are caught because the state thinks this kind of exposure is bad for kids’ health.
When there are minors in the car, drivers should not vape at all to avoid breaking the law and putting the health of their passengers at risk.
Health and Safety Risks
Vaping while driving is dangerous in its own way, even when it is legal. Vapor clouds, especially those from bigger devices, can temporarily make it hard to see and make accidents more likely.
Some studies show that even small distractions, like reaching for a vape, can make it take longer to react and take your mind off of the dangers on the road.
The National Highway Traffic Safety Administration (NHTSA) says that vaping is a type of manual distraction that can make accidents much more likely, even if it is only for a short time.
Potential Consequences of Vaping and Driving
Vaping while driving is not a specific crime, but if it causes a traffic accident, you could get fined, have your license taken away, or have your insurance rates go up.
Additionally, if a vaping driver causes an accident while being distracted, they could be charged with reckless driving, especially if someone gets hurt.
Safe Practices for Drivers Who Vape
To stay out of trouble with the law and keep from being distracted, drivers might want to vape only when they are not driving.
It is also best to avoid vaping around children, make sure you have a clear line of sight, and use devices that do not require you to use your hands or very little.
Conclusion
Even though Massachusetts law does not strictly forbid vaping while driving, it can still get you in trouble with the law and put you at risk if it causes you to be distracted.
Drivers can reduce risks and stay out of trouble by following the state’s hands-free laws and not vaping around kids.
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