Is it illegal to smoke while driving in France?

France, a country with around 15 million smokers, has a lower proportion of smokers compared to the EU average, according to the latest figures from Eurostat. However, it is not uncommon to see drivers in France with a cigarette in hand while behind the wheel. This raises the question: is smoking while driving illegal in France due to the potential dangers it poses?

Technically, smoking while driving is legal in France, but there are two notable exceptions to this rule.

Firstly, drivers are expected to be responsible for their vehicle and are obliged to behave “at all times in a cautious and respectful manner towards other road users,” as stated in article R412-6 of the highway code.

Although smoking a cigarette or holding one while driving is not strictly prohibited by law, if doing so causes a driver to act irresponsibly or not pay attention to the road, they can face a fine. The same applies to smoking e-cigarettes. The fine is usually €35 but can increase to €75 for repeat offenses and even €150 in some cases. However, drivers will not lose points on their license for this infraction.

The second exception to the rule came into effect in July 2015, making it illegal to smoke in a car with a child aged under 12 present. This law applies to both the driver and any passengers. Anyone caught breaking this law risks a fine of €135, which can increase to €750 in certain situations. E-cigarettes are also included in this prohibition.

Article L3511-2 of the Public Health Code defines tobacco products as “products intended to be smoked, sniffed, chewed or sucked, provided that they are, even partially, made of tobacco, as well as products intended to be smoked even if they do not contain tobacco.”

Smoking Prevalence in France

According to figures from Santé Publique France, France has around 16.4 million smokers (daily or occasional), while 4.4% of the population regularly ‘vape’ or smoke e-cigarettes. Despite these numbers, the latest data from Eurostat show that the proportion of smokers in France is lower than the EU average.

As France continues to balance personal freedoms with public health concerns and road safety, drivers should be aware of the potential consequences of smoking while driving. By adhering to the highway code and refraining from smoking in the presence of young children, drivers can avoid fines and contribute to a safer driving environment for all road users.

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.