Smoke-free cars

Smoking is banned in cars when children are present. Section 48 of the Tobacco and E-Cigarette Products Act 1997 states:

  1. A person must not smoke in a motor vehicle if a child is also present in the motor vehicle.
  2. In proceedings for an offence against this section an allegation in the complaint that a child was present in a motor vehicle at a specified time will be accepted as proved in the absence of proof to the contrary.
  3. In this section – child means a person under 16 years of age, motor vehicle has the same meaning as in the Motor Vehicles Act 1959

A motor vehicle means a vehicle that is built to be propelled by a motor that forms part of the vehicle as defined in the Motor Vehicles Act 1959.

About 8% of new cases of asthma in children are attributable to passive smoking, and the risk of respiratory infections, middle ear infections and sudden infant death syndrome increases with exposure to passive smoking.

See also the second-hand smoke and children.

The intention is to prevent children’s exposure to passive smoking and this can occur whether the vehicle is moving or stationary.

Any person in the vehicle who is smoking while a child is in the vehicle will be committing an offence.

The Tobacco and E-Cigarette Products Act 1997 regulates e-cigarettes in the same manner as tobacco. Therefore, motor vehicles must also be free from e-cigarette use.

See the Tobacco and E-Cigarette Products Act 1997 and the Tobacco and E-Cigarette Products Regulations 2019 for further details on the penalties that may apply.

Lodging a complaint or a breach

You can report a complaint or suspected breach to SA Health.

For more information

For more information on smoke-free areas, email health.hprsmokefreecompliance@sa.gov.au