Aussie Drivers Could Soon Face Fines for Smoking or Vaping with Kids in the Car
New proposals are being drafted that could see drivers banned from smoking and vaping if children under 18 are passengers. This potential crackdown aims to further protect young people from the detrimental effects of secondhand smoke.
The government is considering expanding smoke-free areas to safeguard children and vulnerable individuals from a range of health risks, including heart disease, lung cancer, and asthma. The Department of Health is leading this initiative, aiming to create a healthier environment for all Australians.
Expanding the Smoke-Free Zones
The proposed changes would introduce bans on smoking in several new public spaces. These include:
- Playgrounds: Ensuring children can enjoy outdoor play without exposure to harmful smoke.
- Outside Schools: Creating safer environments for students arriving and leaving educational institutions.
- Cars with Under-18s: This is a significant proposed change, directly targeting the enclosed space of a vehicle where children are particularly susceptible to the dangers of secondhand smoke.
Beyond these specific locations, smoking would also be officially prohibited:
- Outside Hospitals and Health Facilities: To protect patients, visitors, and staff from avoidable health risks.
- Workplaces: Extending the current indoor ban to encompass outdoor work environments where employees might be exposed.
- Public Transport: Further safeguarding commuters from secondhand smoke.
Interestingly, while smoking would be banned in these areas, vaping would still be permitted in designated zones outside hospitals and health facilities. This measure is intended to support smokers who are transitioning away from traditional cigarettes and using vaping as a cessation tool. However, even in these locations, vaping would be strictly prohibited indoors, aligning with existing regulations for smoking.
Exemptions and What Remains Unchanged
Not all outdoor areas are slated for inclusion in the expanded ban. The government has indicated that certain hospitality spaces will remain exempt. This means that outdoor areas adjacent to licensed venues, such as beer gardens at pubs, bars, and restaurants, will continue to permit smoking and vaping.
Furthermore, open public spaces like beaches are also expected to be exempt from these new smoking restrictions. The government has clarified that the proposed smoke-free ban will not extend to private residences, meaning smoking and vaping within people’s homes will not be subject to these new regulations.
Health Secretary Wes Streeting emphasised the core motivation behind these proposals, stating, “No child in a playground or hospital patient should suffer because someone else chooses to smoke.” He highlighted that secondhand smoke significantly elevates the risk of serious health conditions like heart disease and lung cancer, and the government’s priority is to shield children and the unwell from such harm. “Prevention is better than cure,” Streeting added, “so this Government is taking pressure off the NHS and building a healthier Britain where everyone lives well for longer.”
Professor Sir Chris Whitty, the Chief Medical Officer, echoed these concerns, explaining, “People who do not smoke but who are exposed to secondhand smoke can suffer significant harmful effects on their health, including an increased risk of asthma, poor birth outcomes, several cancers, stroke and heart disease.” He underscored that the health risks are most pronounced for children, pregnant women, and individuals with pre-existing medical conditions. “No smoker wants to harm people, but with secondhand smoke they do – and these measures would reduce the harm secondhand smoke causes the most medically vulnerable in our society,” he concluded.

The Road Ahead: Consultation and Implementation
The proposal to extend smoke-free areas in England is set to undergo a 12-week government consultation period. This process is crucial for refining the details and ensuring the measures are both fair and practical. During the consultation, the government will actively seek feedback on various aspects, including how to define outdoor boundaries for potential exemptions and how to implement the rules effectively.
The Department of Health has assured that it will carefully consider all concerns raised by businesses and stakeholders. The exclusion of outdoor hospitality spaces from the initial proposed changes is a testament to this commitment to dialogue and compromise.
Expert Support for the Initiative
Organisations dedicated to public health have welcomed the proposed measures. The British Heart Foundation, for instance, has strongly endorsed the plan. Dr Charmaine Griffiths, the charity’s chief executive, stated that no child should endure exposure to “deadly secondhand smoke on their way to the classroom or playground.” She expressed strong support for the government’s consultation and the “landmark legislation behind it,” calling for “urgent implementation to protect everyone from harm.”
The government is committed to creating a healthier Australia by addressing the pervasive harms of secondhand smoke. The upcoming consultation will be a vital step in shaping these new regulations and ultimately fostering a society where everyone can breathe easier.





