Indiana has clear regulations regarding vaping, e-cigarettes, and their use in public spaces. However, when it comes to vaping while driving, the law is more nuanced. Below is a detailed overview based on current Indiana statutes and local ordinances.
Vaping and Driving: Is It Illegal?
There is no specific Indiana state law that outright bans vaping while driving a private vehicle. The state’s e-cigarette and vaping regulations primarily address:
- Age restrictions for purchase and use (must be 21 or older)
- Where vaping is prohibited (mirroring smoking bans)
- Packaging, sales, and retail licensing requirements
The Indiana Smoke-Free Air Law prohibits smoking-and by extension, vaping-in most public places, places of employment, restaurants, and within eight feet of public entrances to such places, as well as in vehicles owned or operated by the state when used for governmental functions. However, this law does not extend to privately owned vehicles unless they are being used for a governmental purpose.
Local Ordinances and Restrictions
Some Indiana cities, such as Goshen, have enacted local ordinances that are more restrictive than state law. For example, Goshen prohibits vaping in public parks and within a certain distance of public entrances, but these rules focus on public spaces, not private vehicles. Indiana law allows municipalities to adopt stricter rules, but there is no evidence from current ordinances that vaping while driving a private vehicle is specifically prohibited.
Distracted Driving Laws
While vaping itself is not specifically banned while driving, Indiana has strict distracted driving laws. As of July 1, 2020, it is illegal to use handheld mobile devices while operating a motor vehicle (Indiana Code 9-21-8-59). The intent is to minimize distractions and keep drivers’ attention on the road.
If vaping causes a driver to be distracted-such as taking their hands off the wheel, obstructing their view with vapor, or otherwise failing to maintain control of the vehicle-they could potentially be cited under general distracted or reckless driving statutes.
Vaping with Minors in the Vehicle
Indiana does not currently have a law that specifically prohibits vaping in a car with minors present. Some states, like Oregon, Utah, and Vermont, do have such restrictions, but Indiana is not among them. However, this could change as public health advocacy grows.
Vaping and Driving in Indiana
| Issue | Legal Status in Indiana |
|---|---|
| Vaping while driving (private car) | Not specifically prohibited |
| Vaping in state/government vehicles | Prohibited |
| Vaping with minors in the car | Not specifically prohibited |
| Vaping in public places/workplaces | Prohibited where smoking is banned |
| Distracted driving (including vaping) | Can be cited if it impairs driving |
Key Takeaways
- Vaping while driving a private vehicle is not explicitly illegal in Indiana.
- If vaping distracts you or impairs your ability to drive safely, you could be cited under distracted or reckless driving laws.
- Vaping is banned in state-owned vehicles, most public places, and workplaces.
- Local ordinances may impose stricter rules in certain areas, but there is no statewide ban on vaping in private vehicles.
- There is no law prohibiting vaping in a car with minors present in Indiana.
Practical Advice
While it is not illegal to vape and drive in Indiana, drivers should exercise caution. Any activity that takes your attention off the road can increase your risk of an accident and may result in legal consequences under distracted driving laws. Always prioritize safety and be aware of local ordinances that may impose additional restrictions.
If you have questions about specific local rules or are concerned about changing laws, check with your city or county government for the most up-to-date information.
Sources:
- https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/in
- https://goshenindiana.org/wp-content/uploads/2024/12/5128_Ord.-4960-smoking-vaping.pdf
- https://beckerlaw.com/blog/new-rule-of-the-road-for-indiana/
- https://www.in.gov/health/tpc/indianas-state-smoke-free-air-law/
- https://www.findlaw.com/state/criminal-laws/vaping-and-e-cigarette-laws-by-state.html
