As of 2025, Australia is looking to ease its legislation policy on the public health implications of vaping while driving. In 2024 and 2025, the Australian parliament passed legislation that the National Road Safety Strategy 2021–2030, which aims to reduce the health impacts of vaping on public roads while allowing choice to adult users of vapes. As of July 2025, Australia legally sells vapes for therapeutic use which are prescribed to quit smoking, while disposable and recreational flavored vapes still remain illegal. The question is unsolved public health risk Australian policy makers have to address lies with driving and vaping The current legislation gives very little guidance on the health risks associated with vaping while driving.
Is Driving and Vaping Illegal?
On the Australian federal scope, there is no comprehensive legislation that bans the combination of driving and vaping. However, Australian states and territories have laws that limit the use of vapes in ways and circumstances that will prevent the public health from impacts driving a car. Filling the car with vape smoke to the point of loss of vision is a distraction and loss of control of the car to the driver. Using a vape in this way is distraction and a fine similar to that of using a phone while driving will be applied.
Child Safety: Zero Tolerance
The most stringent national rule involves safeguarding children from second-hand aerosol exposure. In all states and territories, it is illegal to vape or smoke in a car when a child is present, typically someone under the age of 16 or 18, depending on the jurisdiction. Penalties include on-the-spot fines beginning at $150 and reaching $4,000 in some states based on the circumstances and the number of times the offense has been committed.
Penalties and Enforcement by State
Regional disparities exist in the imposition of fines and enforcement. In New South Wales: $481 fines for loss of vehicle control, three demerit points, and $250 for vaping with children in the car. Victoria, Western Australia, ACT, Northern Territory, South Australia, Tasmania and Tasmania: similar prohibitions with fines of $150 to almost $3900 with children present, depending on circumstance, and severity of the offense. Drivers caught in school zones or repeat offenders may face even higher penalties.
Risks of Distraction and Road Safety
Authorities highlight that although vaping is not considered illegal in traffic scenarios, the use of a vaping device requires manual manipulation which is a form of distraction comparable to the use of a mobile phone. Moreover, the thick vapor clouds can obscure the driver’s vision and lead to charges of careless or dangerous driving. There has been a marked increase in the number of road safety campaigns that call for an end to driving and vaping simultaneously, and these campaigns highlight the importance of responsibility even when the law does not prohibit the behavior.
Form Data Table
| State | Child Age Limit | Fine Range |
|---|---|---|
| NSW | 16 | $250–$481 |
| Victoria | 16 | $250+ |
| SA | 16 | $204–$750 |
| Tasmania | 18 | $195–$3,900 |
Staying informed and cautious is essential for vapers driving in Australia in 2025.
What Vapers in Australia Should Know in 2025
Due to regular updates to product standards, there is now more vapers in Australia, so vapers need to stay aware of road law updates and their opportunities for legal compliance. Therapeutic vapes sold in pharmacies are the only ones allowed, vapers are reminded that they are not to vape in the car with minors present and are not to allow distractions that jeopardize safe driving.
FAQs
Q1: Can a police officer place a fine on someone for vaping while driving even if there are no kids in the car?
Yes, if the driver’s vision is impaired by vaping or the clouds of vapor and distracted driving is not safe, the police can issue fines as though the driver was using a mobile phone.
Q2: Is it legal to vape with passengers over 18 in the car?
As long as the passengers are over the child age limit which is usually 16 or 18, it is permitted as long as it doesn’t impair driving or breach other laws related to roadway safety.
Q3: What types of vape devices are legal to carry while driving?
As of July 2025, only pharmacy-supplied therapeutic vapes with specific composition and packaging will be legally allowed to be carried while driving.
