Smoking at the wheel fines: What all drivers in Spain need to know

Any long-time drivers will probably remember the days of smoking while driving. It was as commonplace as fiddling around with the radio, or rolling your windows down on a warm day.

The times and attitudes have changed. Even if people are lighting up in the traffic, it is worth thinking twice.

It’s true: In Spain there’s no specific law that prohibits smoking in cars. That’s right. Nowhere in the Reglamento General de Circulación (the rulebook for drivers) will you find an article that says, “No smoking while driving.” It sounds like you’re safe, right? Well… not so fast.

What is the law? You can also read about how to get started. To sum it up, every driver must keep both their hands free. (Unless they are changing gears.) They should also maintain full control over the vehicle, keep an open field of view and keep their eyes on the road. Basically: if you’re doing anything that gets in the way of those things—smoking included—then you could be in trouble. And it’s the DGT (Dirección General de Tráfico) that’s watching.

What is the maximum fine for driving while smoking in Spain?

Let’s not waste any time. The Spanish law is a bit complicated. Although smoking isn’t illegal per se, the act of smoking is. The following are some examples of a distraction What can it cause? It’s another story.

Here are a few situations where you might get more than a dirty glance from another driver.

• Light a cigaretteYou may think that it is just a few seconds of your eyes being off the road, but what about those seconds? This is enough for the DGT. If you’re not lucky, a police officer might be watching.
• The following are some of the most effective ways to increase your chances of success:You may have a problem with your lighter or backpack: The same story. If you’re reaching around for a cig or a lighter and not watching the road, you’re putting yourself—and others—at risk.
• Holding a cigarette while drivingIf you’re unable to respond quickly because you’re holding a cigarette in one hand, you may be fined.
• Smoking with the windows down or in heavy traffic: The smoke itself can reduce your visibility—especially in winter when the windows fog up. You can’t control your situation if you cannot see.
• Throwing the butt out of the windowThis is a major deal. This is not only a risk to the environment and other drivers, but it also leads to wildfires. If you’re caught, you could face a fine of up to €500 and lose six points off your licence. This is not a small sum.

For most offences related to distraction, fines start at €200. If you are found to be responsible for an accident, the cost could be much higher.

What if you smoke in the car with children or pregnant women?

The next part is a bit controversial. In France, Italy, and the UK it is already illegal to smoke with pregnant women or children in the car. What about Spain? Not (yet) illegal.

The Ministry of Health included a smoking ban in its draft of the National Plan for Smoking Prevention. So far, however, no legislation has been passed. Currently, the law does not prohibit it, but many medical associations and public health groups in Spain say it should.

Just because you can does that mean you should do it? Most would say no—especially given how dangerous second-hand smoke is for kids and pregnant women. With public pressure increasing, it would not be surprising if Spain introduces tougher regulations soon.

Smoking while driving is it worth the risk?

For lots of people, the car is like a private bubble—a place to unwind, maybe listen to your favourite playlist, and yes, sometimes have a cheeky cigarette. Here’s the truth. As soon as you get behind the wheel, your responsibility goes beyond your comfort.

The DGT is becoming more strict about distracted driving, which is a leading cause of accidents in Spain. Even a moment’s lapse—whether it’s lighting a cig, fishing one out of the pack, or dealing with ashes on your lap—could be all it takes to make a mistake.

It’s about more than just fines, points or losing your license. You, your passengers, as well as everyone else on the roads, need to be safe.

Want to smoke cigarettes? Why it’s best to wait until you have parked your car before you smoke

Can you smoke in a car in Spain? Technically, yes. But should you do it? No, if you want to avoid trouble (and court), that’s the right answer.

Every choice you make on the road affects others. Save your smoking break until you have parked and focus on the road.