In Nebraska, the legality of vaping while driving is not explicitly addressed in state law. However, there are several relevant regulations concerning distracted driving and the use of electronic nicotine delivery systems (ENDS) that may impact this issue.
Vaping and Driving Regulations
- Distracted Driving Laws: Nebraska has strict laws against distracted driving, particularly regarding the use of handheld devices. The law prohibits using any interactive wireless communication device while operating a motor vehicle, which includes texting and other forms of electronic communication. While vaping itself is not categorized as a distraction under these laws, it could potentially be considered a distraction if it interferes with the driver’s ability to operate the vehicle safely.
- Public Use Restrictions: Vaping is generally prohibited in public places and workplaces under the Nebraska Clean Indoor Air Act. This includes state-owned vehicles, which means that using an e-cigarette in such settings would be illegal. Therefore, while there are no specific laws against vaping in a personal vehicle, if you are driving a state-owned vehicle or in a public place where smoking is banned, vaping would also be prohibited.
- Local Ordinances: It’s important to note that local jurisdictions may have their own regulations regarding vaping. Some communities might impose stricter rules that could affect where and how vaping can occur, including in vehicles.
Conclusion
While it is not illegal to vape and drive in Nebraska per se, drivers should be cautious as engaging in any activity that distracts from driving may lead to legal consequences under distracted driving laws.
Additionally, using e-cigarettes in state-owned vehicles or public areas where smoking is banned would be against the law. Always check local regulations for any additional restrictions that may apply.
Sources:
- https://www.publichealthlawcenter.org/resources/us-e-cigarette-regulations-50-state-review/ne
- https://www.3newsnow.com/news/local-news/e-cigarette-use-no-longer-allowed-indoors-nebraska-clean-indoor-air-act-changes-on-november-14
- https://www.safenebraska.org/safe-home-play/distracted-driving/facts-laws
