Reflecting Australia’s attitude towards road safety, new policies implemented in 2025 prohibit the use of cigars or any form of tobacco products on the road, as smoking while driving is regarded as a dangerous distraction. Operating a vehicle while smoking is prohibited across all states and territories. Passengers, and minors in particular, are afforded special protection under law, as the new regulations are severe on motorists who are caught smoking and driving.
| Jurisdiction | Fine Amount | Conditions/Notes | Additional Penalties |
|---|---|---|---|
| New South Wales | $429 | Smoking while driving with minor present | Possible demerit points |
| Victoria | Up to $584.10 | Smoking/vaping in car with under 18 years | Two penalty points |
| Queensland | $266.90 (penalty units) | Smoking/vaping with passengers under 16 | Possible court penalties |
| Western Australia | $200 (on-the-spot) | Smoking banned while driving | Up to $1000 court penalty |
| South Australia | Up to $750 | Smoking/vaping with children under 16 | No demerit points |
| Tasmania | $120 (on-the-spot) | Smoking/vaping ban with passengers under 18 | Court fines up to $3900 |
| Northern Territory | $300 | Smoking/vaping banned with children under 16 | Court penalties up to $3000 |
| Australian Capital Territory | $150 | Smoking/vaping banned with children under 16 | Up to $750 for commercial vehicles |
Why the Practice of Smoking While Driving Should Be Practiced
All forms of driving, whether as a driver or a passenger, should be performed with utmost concentration and focus. Smoking, in any of its forms, poses a great risk of distraction. Lighting a cigar or cigarette, as well as the handling of and the disposal of the remains, entails taking one’s attention away from the road, increasing the chances of a crash. In addition to the passive smoking of the driver, other occupants in the vehicle, especially children, are at great risk of being exposed to dangerous levels of second-hand smoke that are often amplified in a confined space such as a vehicle, enclosed. These are the reasons that prompted the Australian Government to impose such fines in hopes of encouraging the people to adopt this practice.### Impact on Drivers and Public Safety.
While it is illegal to smoke in a vehicle with a child and where there is a risk of secondhand smoke, restricting such behavior is to also lessen the risk of smoking-related distractions on the road. The law is intended to protect children and non-smokers exposed to the vehicle. Unquestionably, the hefty fines and additional punishment such as demerit points or court-imposed penalties are meant to be an annoyance to the driver. This is a reflective piece of the overarching approach for vehicle operator distraction and safety intervention.
Enforcement and Compliance
Compliance is monitored with the use of mobile patrols and stationary checks. The recent changes in law sponsered by road safety advocacy as well as public health legislators, received public approbation. Drivers about the consequences of smoking while driving and are attempting to re-educate the public on smoking laws. Some states are also bolstering public information efforts.
Australia has made progress in improving the safety of the roads and the health of the passengers in the vehicle by by placing hefty fines for smoking cigars while driving as mentioned in the 2025 law legislation. The legislation aims at decreasing distracted driving while detending the health of the passengers and the general public. The actions taken seem to embrace the overall safety of the public. These laws in driving with cigars and smoking should be laws that the public follow to maintain public safety and orderly driving. These laws should be educated in the society for driving above the law should be avoided. The laws should be educated in society so that driving above the law becomes avoided.
FAQs
Q1: Is smoking cigars while driving illegal everywhere in Australia?
There are some restrictions when smoking and driving especially with minors and the fines can range depending on the area.
Q2: What are the typical fines for smoking while driving?
The fines can be anywhere from $150 to around $750 and in some cases, more. There are also additional fines that can come in other forms especially depending on demerit points.
Q3: Are passengers fined for smoking in the vehicle?
Passengers can also be fined when smoking in cars, especially when there are minors in the vehicle, as it can be dangerous and illegal.
Q4: Does the law apply to vaping as well?
Under the above mentioned regulations, vaping also comes under the same category and fines as smoking.
