Smoking while driving is a common habit among Australian drivers, but is it actually legal? The answer depends on where you live, who’s in the car, and how you handle your cigarette. Each Australian state and territory has its own rules, especially when children are passengers. This guide breaks down the laws, fines, and key points every driver needs to know in 2025.
Smoking in Cars: The Core Legal Concern
Across Australia, the main restriction on smoking in vehicles is about protecting minors from second-hand smoke. Smoking in a car is not outright illegal if you’re alone or with adults, but it is illegal if a child is present.
- The age limit varies by state and territory (from under 16 to under 18).
- Laws cover all smoking products, including cigarettes, cigars, e-cigarettes, and vapes.
- Fines range from $105 on-the-spot to thousands of dollars in court.
State-by-State Smoking in Cars Laws (2025)
| State/Territory | Smoking Ban Age | Fine Range (AUD) |
|---|---|---|
| New South Wales | Under 16 | Up to $1,100 or $250 on-the-spot |
| Victoria | Under 18 | $826 |
| Queensland | Under 16 | Not specified (includes vaping) |
| South Australia | Under 16 | Up to $750 or $105 on-the-spot |
| Western Australia | Under 17 | Up to $1,000 or $200 infringement |
| Tasmania | Under 18 | Up to $2,400 or $120 on-the-spot |
| ACT | Under 16 | $250 on-the-spot, up to $5,500 |
| Northern Territory | Under 16 | $298 on-the-spot, higher in court |
Other Risks: Cigarette Disposal and Fire Danger
Smoking itself is not the only issue—how you dispose of cigarettes matters too. Throwing a lit cigarette out of a vehicle is treated as a serious offense.
- In New South Wales, fines for tossing a cigarette during a total fire ban can reach $11,000 plus demerit points.
- Even on normal days, improper disposal attracts heavy penalties and license points.
Why These Laws Exist
The rules are designed to protect:
- Children’s health – Second-hand smoke harms lung development and increases the risk of asthma and respiratory diseases.
- Road safety – Smoking can distract drivers, leading to accidents.
- Fire safety – Carelessly discarded cigarettes are a major bushfire risk in Australia.
FAQs About Smoking and Driving in Australia
1. Can I smoke in my car if there are no children inside?
Yes. If all passengers are adults, smoking in your car is generally legal.
2. Does the ban apply to vaping and e-cigarettes?
Yes. All forms of smoking, including vaping, are covered under these laws.
3. What happens if I throw a cigarette out of my car?
You could face thousands in fines and demerit points, especially during bushfire danger periods.
4. Is smoking while driving considered distracted driving?
While not directly banned, smoking can distract you. If it contributes to unsafe driving, you could still be fined under general road safety laws.
5. Can police stop me just for smoking in the car?
Yes—if there’s a child present or if you’re seen littering a cigarette.
Conclusion: Drive Smart, Smoke Responsibly
In Australia, smoking while driving is only illegal when children are in the car or if cigarettes are disposed of dangerously. The rules vary by state, but the message is clear: protect kids, prevent fires, and avoid distractions.