Based on Maine’s current laws, vaping while driving is not explicitly illegal, but there are some important considerations:
General Vaping Restrictions
Maine law prohibits the use of electronic cigarettes in many public spaces, including:
- Indoor public areas
- School buildings and grounds
- Certain outdoor areas
- Beaches and state parks
However, these restrictions do not specifically mention private vehicles.
Distracted Driving Laws
While vaping itself is not banned while driving, Maine has strict distracted driving laws that could apply:
- It’s illegal to operate a motor vehicle while using, manipulating, talking into or otherwise interacting with a handheld electronic device or mobile telephone.
- Distracted driving is defined as engaging in an activity that is not necessary to the operation of the vehicle and that actually impairs, or would reasonably be expected to impair, the ability to safely operate the vehicle.
If vaping while driving causes a driver to become distracted or impaired, it could potentially lead to a violation of these laws.
Smoking in Vehicles with Minors
Maine law prohibits smoking in a motor vehicle when a minor under 16 is present. While this law specifically mentions “smoking,” the definition includes “inhaling, exhaling, burning or carrying a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic or other combustible substance.” It’s unclear if this would be interpreted to include vaping.
Conclusion
While vaping and driving is not explicitly illegal in Maine, drivers should be aware that:
- It could potentially fall under distracted driving laws if it impairs their ability to operate the vehicle safely.
- Vaping in a vehicle with minors present may be interpreted as a violation of existing smoking laws.
To ensure compliance with the law and maintain safety, it’s best to avoid vaping while driving in Maine.
Sources
- https://hartleydefense.com/maine-oui/dui-drugs/
- https://en.wikipedia.org/wiki/List_of_vaping_bans_in_the_United_States
- https://legislature.maine.gov/lawlibrary/what-is-maines-law-on-distracted-driving-text-messaging/9460
- https://www.maine.gov/dafs/ocp/resources/faq
- https://www.cga.ct.gov/2013/rpt/2013-R-0078.htm
