In Massachusetts, vaping while driving is not explicitly prohibited by state law. However, there are several key considerations that could make it risky or potentially lead to legal trouble.
Distracted Driving Laws
While there is no specific law banning vaping while driving, Massachusetts has strict laws regarding distracted driving.
Under Massachusetts General Laws Chapter 90, Section 13 (often referred to as the distracted driving law), drivers are prohibited from using a mobile phone or engaging in other activities that can impair their ability to drive safely.
If vaping distracts you in a way that impairs your driving, such as by obstructing your view or taking attention away from the road, you could potentially be cited for reckless driving or distracted driving.
For example, if you’re focused on the vape pen instead of the road, or if vaping causes you to take your eyes off the road for an extended period, law enforcement might interpret it as a violation of distracted driving laws.
Smoking and Vaping in Vehicles with Minors
Massachusetts has a law that prohibits smoking in a car with a passenger under 18, but this specifically applies to smoking cigarettes, cigars, or other tobacco products, not vaping.
There is currently no state law that explicitly bans vaping in a vehicle with minors. However, it is always a good practice to avoid exposing passengers, especially children, to any form of smoke or vapor for health reasons.
Health and Safety Concerns
Although vaping may not be illegal, it is important to consider safety while driving. Handling a vape device or being distracted by vaping can cause you to lose focus or not react quickly enough in certain driving situations.
Additionally, if vaping leads to unsafe driving behavior (such as swerving, speeding, or making erratic lane changes), police may pull you over and issue a citation for driving unsafely.
In Massachusetts, vaping while driving is not inherently illegal. However, distracted driving laws can still apply if vaping causes you to lose focus or impairs your driving abilities. Always ensure that you remain focused on the road and drive safely, as distractions of any kind can lead to legal consequences.
