Posted January 23, 2010 at midnight
Q: What are the rules these days about smoking in cars? I know there is a law where people can’t smoke with children in the car, but can a smoking driver be pulled over on that alone? Also, what about tossing butts out the window? What kind of fines and penalties exist for that? I knew a guy who chose to do community service and clean up the highway rather than pay a pretty high fine.
Remember those good ol’ days when you were stuck in the backseat of the family sedan and your mom and dad were smoking up front, but mom had the wing window open so the smoke wasn’t so bad that they could see out the windshield. No one was concerned about secondhand smoke. The Marlboro Man was the man.
Well, thankfully someone stepped up on behalf of California’s children and said, “Smoke all you want. Just don’t do it with kids in the car.”
The Health and Safety Code states: “It is unlawful for a person to smoke a pipe, cigar, or cigarette in a motor vehicle, whether in motion or at rest, in which there is a minor.” For the purposes of this section, “to smoke” means to have in one’s immediate possession a lighted pipe, cigar or cigarette containing tobacco or any other plant.
The code further goes on to state: “A law enforcement officer shall not stop a vehicle for the sole purpose of determining whether the driver is in violation of this article.”
Like most code violations, it is up to the officer to take enforcement action. If I had observed a vehicle in which there were small children and someone was smoking, I’d be checking for gloves in the glove compartment or fuel cap on too tight, whatever it takes to correct that problem. Probably a good thing I’m retired.
For purposes of this section, a minor refers to someone under the age of 18, but can be used in certain areas (such as gambling and the consumption of alcohol) to define someone under the age of 21.
As far as throwing a cigarette out the window of your vehicle, the code states: “No person in any vehicle and no pedestrian shall throw or discharge from or upon any road or highway or adjoining area, public or private, any lighted or nonlighted cigarette, cigar, match, or any flaming or glowing substance.”
The fine for this offense is $390. I personally believe that the violator should have to work an entire fire season on the front lines on their first offense – but then again, it’s probably a good thing I’m retired. The courts do offer the violator the opportunity for community service in lieu of most of the fine, but that has to be worked out with the probation department and approved by the court.
So keep your eyes and attention on the roadway. Don’t worry about the bear in the air. And if you must smoke in your vehicle, please take into consideration the health of your passengers and while doing all of this, please go out and enjoy the ride.
Monty Hight is a retired CHP officer. He can be reached at coptalk@charter.net.
