Potential Legal Issues and Liability Associated with Vaping

While vaping while driving isn’t specifically illegal, it can lead to legal consequences if it contributes to unsafe driving behavior. These consequences are primarily governed by general traffic safety laws and the concept of negligence.

Accident Liability

Even though vaping isn’t specifically prohibited, if it contributes to a car accident, the driver could face significant civil liability for any resulting damages or injuries. In a personal injury claim, an insurance company or court could find the driver negligent if their vaping behavior caused the crash. Evidence of distraction could be used to establish fault and assign financial responsibility for the accident.

General Duty of Care and Distracted Driving

Under North Carolina General Statutes § 20-140, All drivers have a duty to operate their vehicles with "due care" and in a safe and responsible manner. Vaping while driving can create multiple types of distractions, which could result in a violation of this duty:

• Manual Distraction: Taking one or both hands off the steering wheel to handle the vaping device, refill it, or adjust its settings.
• Visual Distraction: Looking away from the road to find or operate the device, or being temporarily obscured by a large vapor cloud.
• Cognitive Distraction: Diverting mental focus from the primary task of driving to the act of vaping.

If a law enforcement officer observes that the act of vaping is causing a driver to swerve, drive erratically, or otherwise operate their vehicle unsafely, they could still issue a citation for careless or reckless driving or another related traffic offense. The key factor is not the vaping itself, but whether it demonstrably impairs the driver’s ability to operate the vehicle safely.

Local Ordinances and Specific Location Rules

Remember that local jurisdictions in North Carolina may have their own regulations. For instance, New Hanover County has ordinances restricting vaping in certain public spaces, including county vehicles. While these ordinances don't specifically address private vehicle use, they demonstrate that local governments can impose additional restrictions. Furthermore, the statewide ban on vaping on school property applies to vehicles parked on school grounds. Therefore, vaping in a car on school property is illegal.

Vaping While Driving in North Carolina

Currently, North Carolina’s distracted driving laws are relatively limited compared to some other states. The state law specifically prohibits certain activities while operating a motor vehicle:

• Texting or emailing while driving is illegal for all drivers.
• All cell phone use (including hands-free) is illegal for drivers under the age of 18.
• All cell phone use is illegal for school bus drivers.

Notably, most other potentially distracting activities – including vaping, eating, drinking, adjusting the radio, or applying makeup – are not explicitly banned under North Carolina’s statewide distracted driving statutes for adult drivers. Therefore, the act of vaping while driving is not, in itself, a specific traffic violation for an adult.

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