Vaping while driving may seem harmless, especially since e-cigarettes don’t create the strong odors or smoke of traditional cigarettes. But Nebraska’s traffic laws treat vaping similar to smoking tobacco. Understanding the legal rules can help you stay safe and avoid trouble on the road.
What the Law Says About Smoking in Vehicles
Nebraska law prohibits smoking any tobacco product in a vehicle when a minor is present. This includes cigarettes, cigars, and e‑cigarettes (vapes). Even if you’re in your own car, vaping with minors—which Nebraska defines as anyone under 18—can result in a fine.
Are Vapes Treated Same as Cigarettes?
Yes. Nebraska’s laws define e‑cigarettes as “tobacco products.” That means vaping is covered under the same restrictions as smoking. If a person under 18 is in the vehicle and someone is vaping, the adult driver or adult passenger can be fined—usually between $50 and $200.
Why This Law Exists
Second‑hand aerosol from e‑cigarettes still contains nicotine and other chemicals. Studies show that this aerosol isn’t harmless. Nebraska lawmakers want to protect children from inhaling these harmful substances. The law aims to discourage vaping around kids and reduce their exposure to potentially dangerous chemicals.
Is It Illegal to Vape While Driving with No Minors?
No. If you’re alone or only with other adults in your car, vaping itself isn’t illegal in Nebraska. However, use common sense. Any activity that distracts you from driving—like vaping or using your phone—could lead to careless driving charges.
Penalties for Vaping with Minors
If caught vaping in a vehicle with someone under 18, you can expect to pay a civil penalty. The fine ranges from $50 to $200. The law makes no allowance based on car ownership or familiarity with the child. The rule applies equally to drivers and passengers.
Tips to Stay Safe and Within the Law
Always check who’s in your car before you vape. If there’s even one minor aboard, wait until they get out. Make sure your passengers know the rule too—vaping isn’t allowed inside the vehicle with minors, even in a parked car.
Vaping and driving is generally allowed in Nebraska—but only when no minors are present in your vehicle. Since e‑cigarettes are legally treated like tobacco, vaping with kids in the car can lead to fines from $50 to $200.
To stay safe and responsible, always be aware of who’s in your car and choose to vape only when it’s legal and safe.
