Concerns over smoking while driving have sharply increased in Australia due to revised traffic regulations for 2025. While older regulations focused on vehicles occupied by minors, the latest provisions include smoking as a form of distracted driving in the same category as eating and drinking, even during solo drives. Below is a current overview of the laws, the updated fines, and other essential facts as a driver you must have for 2025.
Is it legal to smoke while driving?
From October 2025, smoking while driving is legal, however, authorities treat it as a form of distracted driving under the new regulations. The law treats any activity, including smoking, that results in a driver losing control of a vehicle as punishable by fines and demerit points in most jurisdictions. If a driver loses control of the vehicle while smoking or if authorities conclude that smoking obstructed relevant driving, reckless driving fines will apply even if there are no minors present in the vehicle.
What are the new regulations for 2025?
Legally, the smoking driver will not be fined, however, the driver will be subjected to reckless driving rules. The fines and penalties toward reckless driving are now harsher as there are 5 different regulations in the states, however, the overall trend is toward more fines and license points toward the reckless activities. For instance, the fines start at the base of $220 but could be more in that state and will depend on what the violation is.
- Some places impose penalties for smoking while driving which can reach $448.
- Having children in the car can increase most states penalties over $200 and other places much more than that.
Reason For Changing The Law
The increase to the 2025 restrictions is primarily because new evidence shows that distractions while driving, such as smoking, increases crash risk exponentially. The act of smoking while driving can create more distractions than just having the tobacco. The public health concern that remains is predatory secondhand smoke and ash exposure for children. The laws reflect the concern of protecting children in the car as well as the general road laws enforcement.
State By State Differences
Every Australian state has the age of smoking bans in a car with children defined with the ranges staying between 16 and 18. Exceeding this rule can have much greater consequences with fines over $400. The rule stays in effect for both moving and stationary vehicles.
Advice for Drivers
In order to avoid losing control while driving, it’s best to avoid smoking altogether, if only because it will save you the hassle of getting fined. If you have children in the car, it is advisable to take your smoking break outside the car. You should mentally outline breaks before you start driving. You should also focus on the road to avoid distractions while driving and be aware of the new distracted driving regulations.
Very Short Table: Key Traffic Rule Data
| Rule/Offense | Typical Penalty |
|---|---|
| Smoking/distracted solo | $220–$448+ fine |
| Smoking with minors | $200–$444+ fine |
| Demerit points possible | Yes |
FAQs
Q1: Can adults smoke while driving if no children are present?
Yes, as long as it doesn’t lead to distraction or loss of control, which can then lead to fines and demerit points under the new distracted driving regulations.
Q2: What if someone is caught smoking with a child in the car?
Hefty fines, which can be $200 or more, depend on the state and are imposed on those smoking in a car with children.
Q3: Are there differences in the laws between states?
Yes. Although every state prohibits smoking in cars with children, it is the only unifying regulation. Fines, the meaning of distracted driving, and smoking in cars regulations all differ from state to state. Drivers should investigate local laws for the explicit regulations.
