In New York, it is not explicitly illegal to vape while driving for adults, but there are important restrictions and considerations under state and local law.
There is no statewide law that directly prohibits vaping and driving for those over. However, vaping behind the wheel can still lead to legal trouble if it causes distracted driving or impairs your ability to operate the vehicle safely. For example, if vaping produces large clouds that obscure your vision or if you are seen manipulating your device in a way that distracts you from driving, police can issue a citation for careless or distracted driving, similar to other distractions like using a cell phone.
A crucial exception applies when children are present in the vehicle. In several New York counties—specifically Erie County, Rockland County, and the City of Schenectady—it is illegal to vape in a car with anyone under the age of 18. Violators can face fines, starting at $50 for a first offense, with higher penalties for repeat offenses. Outside these areas, there is currently no statewide ban on vaping in vehicles with minors, but local ordinances may impose stricter rules.
Additionally, New York law prohibits vaping in many public and indoor spaces, such as workplaces, restaurants, and public transportation, but these restrictions do not generally extend to private vehicles unless local laws say otherwise.
While vaping and driving is not outright illegal in New York, you can be penalized if it leads to distracted driving or if you are in a jurisdiction that bans vaping in cars with minors. Always check local laws and avoid any behavior that could compromise safe driving.
Sources
[1] https://davincivaporizer.com/blogs/news/is-it-illegal-to-vape-and-drive
[2] https://d8superstore.com/is-it-illegal-to-vape-and-drive
[3] https://www.reddit.com/r/electronic_cigarette/comments/6t40ab/is_vaping_in_the_car_illegal/
[4] https://ecigator.com/regulation/illegal-to-vape-with-kids-in-the-car/
[5] https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/ny
