Vaping and Driving in North Carolina: Is It Legal? Vaping has become increasingly popular in the U.S., and so many people carry their vaping pens or e-cigarettes with them wherever they go, including in their cars.
As vaping gains popularity, more and more people are asking if it is lawful to use these devices while driving.
In North Carolina, the rules on vaping and driving are not always well-defined, thus knowing them will keep one from facing fines or other legal troubles.
Understanding Vaping in North Carolina
As far as laws of driving are concerned, vaping, which is the intake of vapour from an electronic cigarette or some other similar item, is not well defined.
Just like most other states, North Carolina doesn’t have any law that forbids you from vaping when driving. However, that doesn’t necessarily mean you can vape anywhere, everywhere, and anywhere without getting into some kind of trouble with the law.
Distracted Driving and Vaping laws do not have a direct law concerning vaping and driving, though they have some strict distracted driving in North Carolina. The main activities from which their attention has been diverted away from the road and have involved texting or cell phone use.
Vaping could be considered distracted driving if it impairs the ability to control the vehicle though not explicitly mentioned.
If a law enforcement officer believes that your vaping is causing you to drive unsafely, such as drifting between lanes or failing to notice traffic signals, you could be cited under the state’s distracted driving laws.
These laws are broad enough to encompass any activity that diverts your focus from driving, including vaping, adjusting your vape device, or blowing clouds of vapor that obscure your view of the road.
Vaping and North Carolina’s Smoking Laws
North Carolina has some of the laxest rules about smoking in the country. It is worth noting, however, that state law treats vaping and burning tobacco differently.
Smoking laws are not widely applicable in public places and workplaces, although there is no law prohibiting you from smoking or vaping in your own car.
According to smoking laws, you won’t get in trouble if you smoke in your car, but it could be a problem if you do it while driving with kids in the car.
Some states, like California, have rules that say you can not smoke or vape in your car when kids are there, but North Carolina has not passed one yet.
But this is something to keep in mind because public health worries about how vaping affects young passengers are rising.
The Potential for DUI Charges
Another important thing to think about is how vaping might affect North Carolina’s rules on driving while impaired (DUI). Most of the time, vaping nicotine e-liquids does not make you less able to drive like drugs or booze do.
You might be arrested for DUI, however, if you vape THC (the active part of marijuana) or another substance that makes you less sharp mentally or physically.
North Carolina does not permit marijuana, but it allows the sale of products containing THC in vape form. If you are convicted of vaping THC while driving, you could face serious legal penalties. These might include DUI charges, fines, license suspension, and jail time.
What About Commercial Drivers?
In terms of distracted driving, the regulations are more stringent for commercial drivers: bus and truck drivers. Under federal law, commercial drivers may not text or use handheld electronics while driving.
This may include e-cigarettes. While technically legal under the law for business drivers, they could still be subject to penalties against any conduct that renders them less attentive to the road or less safe.
How to Vape Safely and Legally While Driving
Vaping while driving is not technically against the law in North Carolina, but it still falls under a bad thing to try not to get arrested by the police. While in the road, vaping can be dangerous and wrong. These are some tips below:
Keep Your Hands on the Wheel—Do not make changes to your smoking device while you are driving.
Watch out for Vapour Clouds—You can’t see very well through big vapour clouds. You can open a window or turn down the vapour levels.
Be Aware of Distracted Driving—you could still get a ticket if a police officer believes that vaping is impairing you to drive safely.
Do not vape THC. You may be charged with a DUI if you vape any substance that impairs your ability to drive safely.
Conclusion
There are no particular laws in North Carolina that say vaping while driving is wrong. But rules against distracted driving and the possibility of DUI charges mean that vaping while driving could still get you in trouble if it makes you less safe.
The best thing to do is be aware of how smoking may affect your ability to drive safely and stay away from anything that could divert your attention from the road.
