The Government of Pedro Sánchez has expressed its desire to modify the anti-smoking law this term and expand the spaces where smoking is prohibited. The new Minister of Health, Mónica García, has declared that one of the priorities that has been set is to “take out of the drawer” the anti-smoking plan that contemplates expanding smoke-free spaces to terraces, beaches or cars in the presence of minors. and pregnant.
In this way, the Comprehensive Plan for the Prevention and Control of Smoking 2021-2025 prepared by the Ministry of Health when Salvador Illa was its head is once again on the table. The aforementioned plan was conceived as the umbrella under which the Ministry of Health intended to toughen Law 28/2005 and its pioneering 2010 update based on two issues: the expansion of smoke-free spaces and equating electronic cigarettes with tobacco.
If the plan goes ahead, as far as vehicles are concerned, a ban on smoking in the presence of minors and pregnant women will be established. “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,” Mónica García declared about the plan designed by the Ministry of Health. The document has contributions from scientific associations and the National Committee for the Prevention of Smoking (CNPT).
The ban on smoking in the car in the presence of minors and pregnant women is aimed at preserving the health of these groups, who are especially vulnerable to the harmful effects of smoke and carcinogenic particles. According to the DGT in its publications, tobacco smoke contains more than 7,000 substances, of which at least 250 are harmful and 70 carcinogenic, which are retained in the vehicle for weeks, regardless of whether the windows are opened.
According to WHO data, 30% of deaths from passive smoking in the world occur in children, and tobacco smoke multiplies the risk of suffering from lung cancer by four in adulthood.
However, beyond health reasons, banning smoking in the car could have positive effects on road safety. According to data provided by the General Directorate of Traffic (DGT), 60% of accidents and 30% of fatalities are caused by distractions, and smoking is a frequent cause of distraction.
According to the organization headed by Pere Navarro, lighting a cigarette takes 4.1 seconds, which means that, driving at 100 km/h, you travel 113 meters without paying full attention to the road. Furthermore, according to the president of the Spanish Society of Pulmonology and Thoracic Surgery, Carlos Jiménez, in statements to the magazine Tráfico y Seguridad Vial, “tobacco smoke alters motor and cognitive capacity.” In other words, it means having less reflexes behind the wheel.
Although smoking is not specifically prohibited in the General Traffic Regulations (RGC), some articles include the act of manipulating objects (such as having a cigarette in your hand and smoking) as something that should not be done while driving.
Article 3 indicates that “you must drive with the necessary diligence and caution to avoid any damage, to your own or to others, taking care not to endanger both the driver himself and the other occupants of the vehicle and the rest of the road users.” ”. For its part, article 18 specifies that the driver of a vehicle “is obliged to maintain his or her own freedom of movement.”
Consequently, if an officer observes a driver smoking while driving and perceives that this causes distraction or limitation, he has the authority to impose a fine of 200 euros on the motorist. This situation is similar to wearing a bulky coat or eating while driving. Although the regulations do not explicitly prohibit these behaviors, they may be subject to sanctions depending on the interpretation made by the agent.
Throwing a cigarette butt out of the car window is an infraction that is explicitly included in the General Traffic Regulations. Article 6 establishes that “it is prohibited to throw any object onto the road or in its vicinity that could lead to the production of fires or, in general, endanger road safety.”
Since the entry into force of the new Traffic Law, this offense is considered very serious and is punishable by a fine of 500 euros and the withdrawal of 6 points from the license.
