Smoking in the car in Spain is an uncertain practice, as the lack of clarity on the matter has left many smokers bewildered. However, doubts could be resolved in the coming months, since the Government contemplates significant modifications to anti-smoking regulations. After the ban on smoking on bar terraces, vehicles are the next target of the Anti-Smoking Law.
So far legislation has not explicitly addressed banning smoking while driving. However, there are a series of deterrent measures that have complicated smokers’ intention to do so. Article 18 of the General Traffic Regulations, for example, highlights the driver’s obligation to guarantee his own safety and that of the vehicle’s occupants, mentioning the importance of maintaining freedom of movement and constant attention to driving.
Thus, the Civil Guard has expanded the interpretation of these distractions, including the act of smoking while driving. This could result in a fine of 80 euros if the agents consider that the freedom of movement and the necessary attention are not being met.
Smoking in the car could have more serious consequences if you are traveling in the company of children, pregnant women or people with serious illnesses. Although there is still no specific law in this regard, the Minister of Health, Mónica García, is determined to carry out stricter regulation. The intention is clear: restrict tobacco inside the car, especially in situations involving vulnerable groups.
“We must return to it because we cannot turn our backs on the only measure that can provide more years of life and more quality of life to the population, which is to reduce smoking,” the minister commented on the draft of the Comprehensive Plan for the Prevention and Control of Smoking. Smoking 2021-2025, during a meeting with the media at the beginning of December in which she was accompanied by the Secretary of State for Health, Javier Padilla.
Although the approval of the tightening of Law 28/2005 has not yet been confirmed, García assured that he has a firm commitment to these recommendations. Furthermore, the General Directorate of Traffic (DGT) already advises against smoking while driving, not only for health reasons, but also to avoid distractions and the risk of accidents. Pere Navarro, general director of Traffic, warned that smoking in cars already represents an obvious risk.
