Can you smoke while driving?

Driving is one of the activities that requires more attention and concentration in our day to day. It is an activity in which both our own safety and that of other users of the public road come into play. Therefore, the driving regulations are very demanding when it comes to prohibiting certain types of behavior that may put the safety of the driver or other road users at risk.

In this sense, smokers usually have a question about it. Can you smoke while driving? The quick answer to this question would be "yes" . However, the best answer would be "it depends", since it is a question that has some more tricky aspects than it may seem at first. If you want to know a little more about it, read on and we'll tell you.

Can you smoke while driving? - what the DGT says

One of the most important aspects when answering this question is to refer to the code of circulation. In this sense, the traffic code does not expressly prohibit smoking and driving at the same time, which does happen, for example, with the use of a mobile phone or other similar devices (such as tablets, headphones, etc.).

However, what the traffic code does specify is the driver's obligation to "maintain his own freedom of movement, the necessary field of vision and permanent attention to driving" [1]. As we see, the problem would not be so much the fact of smoking, but the fact that, in doing so, this implies a distraction to driving.

In this sense, any activity that involves a distraction of the steering wheel (such as smoking, makeup, drinking, eating, reading ...), despite not being expressly prohibited by the regulation, are potentially punishable, as long as it is considered which can be reasons for distraction at the wheel.

Is smoking a serious violation?

Due to what we have mentioned in the previous section, it is not that smoking is a serious infraction, but you can fine a driver for smoking, although, as we have explained, you will not be sanctioned for the simple fact of smoking, but because smoking implies a loss of attention or concentration on the road.

In this sense, it must be borne in mind that whoever will estimate what is or is not worthy of being considered as a lack of attention or concentration to the driving, will be the competent authority (ie, the traffic guards or the corresponding police according to the case). In this way, that a driver considers that he is smoking in safety conditions will be little relevant if, on the contrary, an agent with authority considers that the facts are not like that.

Traffic penalty for smoking driving

Regarding the fine established in these cases, although the context in which the fine is to be taken into account, which may cause you to incur a higher cost, will generally be a fine of 100. euros However, as mentioned, this fine will depend on other factors, such as, for example, if in addition to being punished for smoking, you are also penalized for exceeding the speed limit allowed for the road in question.

Why smoking is "forbidden" by driving

On the other hand, beyond the sanction that smoking and driving can imply at the same time, there are other aspects that we should take into account and that make this habit, beyond health aspects, very unadvisable during driving.

One of the reasons why you should not smoke while driving is because of the high possibility of it implying an accident on the road . The problem can occur for two reasons.

In the first place, due to the distraction that this entails when having to be attentive to lighting the cigarette as well as the fact of smoking it and throwing the ash.
Secondly, another of the aspects that tend to be accidents and that are linked to tobacco are those that link burn with cigarettes and give a sudden swerve.

Keep in mind that, when smoking, there is a risk of burning. This is an accident, so it is something that can not be controlled in any other way than by postponing the act of smoking when you are not driving. In addition, after burning, it is common to remove the affected hand or body part with brusqueness, which can cause an involuntary swerve but whose consequences can be dramatic for all vehicle occupants and other road users.

Now that you know if you can smoke while driving, you may also be interested in this other article on How to avoid a ticket for talking with your mobile phone if they do not stop you.