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LAW: What penalty for using an e-cigarette while driving?

LAW: What penalty for using an e-cigarette while driving?

In recent days, the declaration of a vapoteur has been creating a buzz on the social network Facebook. Indeed, this one declares to have been stopped by the police force for the use of an e-cigarette while driving and to have been sanctioned by 90 euros of fine and a withdrawal of 3 points on the license. But what are the risks of using electronic cigarettes in the car?


WHAT DOES THE ROAD CODE SAY?


Do you like to use your electronic cigarette while driving your car? Well be aware that in theory this is not allowed by the highway code. Both vaping and “smoking” are prohibited as long as the material you are holding prevents good behavior.

To be more precise, it is not vaping or smoking while driving that is prohibited but the impossibility of being in condition and position to perform conveniently and without delay the maneuvers required for safe driving with a suitable field of vision in accordance with article R 412-6 of the Highway Code.

The verbalization of vaping while driving is therefore at the discretion of law enforcement, police and gendarmerie. In the event of a noted violation, it is a 2nd class violation with a fine of 35 €, minus 22 €. In 2018, some smokers and vapers have been verbalized but the lawsuits are very often classified without continuation.

Since the 1er July 2015, it is No smoking in the presence of a minor child under 12 years old by car under penalty of a fine of 68 € (class 3 ticket). By using your electronic cigarette while driving in the presence of a minor, you also run the risk of receiving a fine. 


BE CAREFUL WITH THE HAPPY APPLICATIONS OF THE ROAD CODE!


As we specify in the introduction of this article, a driver would have been sanctioned by 90 euros fine and a withdrawal of 3 points on the license for vaping at the wheel without the presence of a minor. We therefore call for mistrust because this sanction is not appropriate for this situation!

Indeed, " the inability to be able and in a position to conveniently and without delay perform the maneuvers necessary for safe driving with a suitable field of vision ”Does not give rise to the same sanction depending on the objects used. Excessive zeal, procedural error or legal vagueness, a police officer could well punish you with the "Telephone fine while driving" rate for using an electronic cigarette. And as much to say that the sanction is not the same!

The use of the handheld mobile phone in a car or on 2 wheels, whether it is a call to the ear or sending an SMS, is an offense punishable by a PV with a fine of 135 € (minus 90 €) et a withdrawal of 3 points on the permit. Mobile phones, headsets, headphones and headsets are the only things that in theory can cost you a point withdrawal.

For your safety and to remain alert on the road we advise you not to use your electronic cigarette while driving. But in case you are sanctioned for driving, take care not to leave with an inappropriate penalty!

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About the Author

Passionate about journalism, I decided to join the editorial team of Vapoteurs.net in 2017 in order to mainly deal with vape news in North America (Canada, United States).