As of 2025, smoking and driving a car in Australia is still permissible but regulated: not a complete prohibition, but in most cases, it is still heavily regulated on a state basis, with steep fines attached, particularly in the case of children and minors. This encompasses the most relevant public safety perspectives, current penalties, and the most relevant laws for motorists. These include the most relevant laws for motorists.
Changing Legal Landscape
As it is in the 2025 Australia for the rest of Australia, it is still a combination of public health and the safety of roads. These regulations are not completely forbidding the act of smoking and driving for adults. However, the regulations starkly discourage smoking if a child is present in the vehicle. Victoria, Queensland, and New South Wales enforce the law if passengers are under the age of 16 and 18 years. These laws include any kind of smoking, including ‘vaping’, and applies regardless of the state and the vehicle is stopped with the windows opened.
Penalties and Enforcement
Violating the laws regarding smoking in vehicles when minors are present is subject to severe penalties. On-the-spot fines are between $250 in South Australia and New South Wales, and around $444 in Victoria. Under the new traffic laws that will come into effect in 2025, authorities will also be able to impose fines up to $430 for distracted driving which also includes smoking while driving. This is the case even if minors are not present. Police this kind of violation of the law as they are starting to receive vigilant and public reports through hotlines.
Safety Risks
The authorities are also under the impression that smoking while driving poses a considerable risk to road safety. The act of lighting a cigarette, ashing, or even dropping a cigarette can distract a driver as much as a mobile phone. There is also other research that focuses on smoking while driving and how it increases the risk of getting into an accident, which is why authorities recommend that drivers do not smoke at all while operating a motor vehicle.
Secondhand Smoke and Children
Secondhand smoke exposure in a vehicle is much worse and more dangerous than exposure to smoke in a public bar. The concentration of smoke is also worse by eleven times. Children are not only more vulnerable to the dangers of secondhand smoke, but their lungs are still developing. This is why these regulations have been put in place all over the country. These regulations also reflect changing social attitudes around smoking, and how it is no longer acceptable to smoke in a vehicle with children, as it is similar to not using seatbelts.
Campaigns and Public Information
In Australia, authorities began focusing education and awareness campaigns on the dangers of smoking and distracted driving in collaboration with relevant health agencies during the year 2025. In these campaigns, the consequences of the law on driving and smoking near children are explained, along with tips encouraging drivers to make their vehicles smoke-free.
Practical Takeaways
For parents, the most obvious way to avoid the danger of potential fines is to avoid smoking while driving with children in the car. To minimize the chaos of the law and the risks to health and smoke exposure to young passengers, the motorist’s health advice is just as relevant; keep windows up and treat the car as smoke free.
FAQs
Q1: Is it illegal for adults to smoke while driving in Australia?
A: No, but it is illegal if minors are present, or if smoking is a distraction from safe driving.
Q2: What happens if caught smoking with a child in the car?
A: Fines vary from state to state, but generally range from $250 to $400 and up.
Q3: Can police fine drivers just for smoking, even without children?
A: Yes, if smoking impairs driving, or is a distraction, fines apply regardless of children.
