Private cars escape Spain's smoking ban but drivers could still face penalties
The draft law leaves private vehicles in Spain untouched, but throwing a cigarette from the window could prove very expensive
Despite Spain's planned crackdown on smoking in public places, lighting up in your own private car will remain legal under the draft anti-smoking law.
When the government unveiled its proposed Anti-smoking Law last month, much of the attention focused on plans to ban smoking on bar and restaurant terraces, as well as other outdoor public spaces. However, private vehicles are not included in the proposed restrictions.
But that doesn't mean motorists have a free pass.
One of the biggest changes in the draft legislation affects work vehicles. If the law is approved in its current form, smoking and vaping will be banned in places considered to be a mobile workplace, including taxis, VTC vehicles such as Uber and Cabify, shared company vehicles and emergency service vehicles.
The restriction would not apply to vehicles used exclusively by a single employee or privately owned cars. Anyone caught smoking in a vehicle covered by the new rules could face a €200 fine.
Although smoking itself won't be illegal in a private car, drivers can already be fined if it affects their ability to drive safely.
If the Guardia Civil or other traffic officers believe smoking has distracted the driver, perhaps because they took their hands off the wheel or their attention away from the road, they can issue a €200 penalty under existing traffic laws.
But the biggest risk comes when cigarette ends are thrown from a vehicle. Discarding a lit cigarette through the window is already a serious offence in Spain, carrying a €500 fine and the loss of six driving licence points.
With Spain facing another summer of extreme wildfire risk, authorities are urging smokers to dispose of cigarette ends responsibly. According to the Ministry for Ecological Transition, around 3% of forest fires are caused by cigarette ends discarded from vehicles.
If a carelessly discarded cigarette were to start a wildfire, the consequences could be far more severe than a traffic fine. Depending on the damage caused, offenders could face substantial financial penalties and, in the most serious cases, even a prison sentence.
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