Motorists who vape have been warned they could face a hefty £5,000 fine as well as nine points on their licence.
Those caught vaping while driving in the UK could be in breach of the Road Traffic Act and punished accordingly.
Although vaping and driving is not illegal in itself, police have warned it can result in disciplinary action if it is found to “significantly” impair the driver’s visibility.
The Surrey and Sussex Roads Policing Unit says that the "smoke" emitted by vapes is a potential distraction that can have “dire” consequences.
The police unit warned: “All it takes is a moment to become distracted and potentially cause a crash or, even worse, a fatality. There are no laws prohibiting vaping. However, you need to be in full and proper control of your vehicle at all times.
“Firstly, any person who is distracted in any way could be guilty of an offence – whether that be smoking, vaping, eating, etc. In investigations that we conduct, any distraction would need to be dealt with on a case-by-case basis.”
According to section three of the Road Traffic Act, if a person drives a vehicle on a road or other public place without “due care and attention”, or without reasonable consideration for other persons using the road or place, they are guilty of an offence.
Anything that obscures a driver's vision, including vape or cigarette smoke, can therefore lead to them being prosecuted.
Markus Lindblad, from vape store Northerner, said: "When the rules were implemented, vapes weren’t around, so whilst the rules don’t specifically state that it’s illegal to vape in the car, it does state that anything that’s seen to be restricting a driver's view, such as smoke clouds, can be liable for enforcement.
"If you’re driving and the police notice you’re vaping, you can be fined up to £100 on the spot. However, depending on the seriousness of the case, if you’re caught vaping and end up in an accident, then you could be facing a fine of up to £5,000, nine penalty points, and even a court-imposed driving ban."
Mr Lindblad added that passengers who want to vape should ask the driver first.
"There are no laws to say passengers aren’t allowed to vape in the car,” he said. “However, they should ask the driver permission first so they are able to assess the situation to avoid it affecting their visibility in any way.
“It’s probably advised that anyone vaping in the car should make sure that the driver's visibility isn’t affected by the smoke clouds and that windows can also be opened too."
