Auto Trader

Motorists could be breaking the law if they’re caught smoking at the wheel according to a new rule in the updated Highway Code.

Smoking while driving is now classed as a “distraction” by the rulebook.

Smoking behind the wheel is not a direct breach of road safety regulations – but could result in a prosecution for driving without due care or attention or dangerous driving.

If a motorist is caught driving inappropriately while smoking, they may be breaking the law. Police have the power to charge motorists with between three and nine penalty points, a fine of up to £2,500 or even a driving ban.

The ban on smoking on public transport and in commercial vehicles is still in place.

Other activities classed as distractions include reading maps, playing loud music, changing CDs, arguing with passengers, eating and drinking.

The new rule has been placed into the General Advice section of the updated Highway Code, which states that “safe driving and riding needs concentration.”

Paul Malley, press officer for the Department for Transport, said: “It’s important to note we’re not banning smoking in vehicles. We want people to know that it’s best to avoid any distractions while driving though – which now includes smoking.”

The new guidance arrives as one of 29 new and re-written rules from the updated Highway Code, which was released September 28, 2007.

Check the Auto Trader website later today for details of these changes and how they may affect your driving, with our complete guide to the new Highway Code rules.