Nebraska does not have a specific law that explicitly prohibits vaping while driving. However, there are relevant regulations and legal considerations to understand:
Vaping and Nebraska’s Clean Indoor Air Act
- Indoor Use: Nebraska’s Clean Indoor Air Act prohibits the use of electronic smoking devices (including vapes) in enclosed indoor workplaces and public places, but this does not apply to vehicles unless they are considered workplaces (e.g., commercial vehicles, police cars, or other employer-regulated vehicles).
- Personal Vehicles: The law does not restrict vaping or smoking in personal vehicles unless the vehicle is being used for commercial purposes and the employer has a policy against it.
Distracted Driving Laws
- Distracted Driving: Nebraska law prohibits texting, internet use, and certain other electronic device interactions while driving, but does not specifically mention vaping.
- General Distraction: If vaping while driving causes you to become distracted and drive unsafely—such as swerving, speeding, or failing to maintain your lane—you could be cited for careless driving, reckless driving, or other general traffic offenses, even though vaping itself is not illegal while driving.
- Young Drivers: Drivers under 18 with learner’s permits or intermediate licenses are prohibited from using any electronic devices while driving, but this primarily targets phones and similar devices, not vapes.
Summary Table
| Situation | Legal? | Notes |
|---|---|---|
| Vaping in a personal vehicle | Yes | Not prohibited by law unless it causes unsafe driving |
| Vaping in a commercial vehicle | Depends | Subject to employer or commercial regulations |
| Vaping while distracted | Risk of citation | Could be cited for careless/reckless driving if unsafe |
| Vaping indoors (not in a vehicle) | No | Prohibited by Clean Indoor Air Act (except vape shops) |
Key Takeaways
- Vaping while driving is not illegal in Nebraska, unless it causes unsafe driving.
- There is no specific law targeting vaping while driving, but you can be cited if vaping leads to distracted or reckless driving.
- Vaping indoors (including in certain commercial vehicles) is prohibited by the Clean Indoor Air Act, but not in private cars for personal use.
This aligns with your interest in driving regulations and vaping laws across states
Sources
[1] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/ne
[2] https://dhhs.ne.gov/pages/e-cigarette-use-no-longer-allowed-indoors.aspx
[3] https://casaa.org/get-involved/state-locator/nebraska/
[4] https://dhhs.ne.gov/Pages/Smoke-Free-FAQ.aspx
[5] https://www.trustedchoice.com/distracted-driving/nebraska-laws/
