Smoke-free Cars
Frequently asked questions
How will the law be enforced?
NSW Police will enforce the ban on smoking in cars with children.
What is the fine?
A $250 on the spot fine applies to the driver and any passenger who breaks the law. If a person elects not to pay the fine and have the matter dealt with by a court, the maximum fine that may be imposed by a magistrate is $1,100.
Will I be breaking the law if I wind the car window down while smoking?
Yes. Winding down the car window is not enough to stop tobacco smoke affecting children.
If I am driving and one of my passengers is smoking, will I also be fined?
Yes. A $250 on the spot fine applies to the driver and any passenger who breaks the law.
Why is this new law in place?
The NSW Government introduced new laws to protect children from second-hand tobacco smoke. Second-hand tobacco smoke harms children's growing lungs. Other new laws include placing tobacco products out of sight in shops and increasing penalties for selling tobacco products to children. Information about the new laws is available from Information for Tobacco Retailers and Consumers.
Resources
The factsheet provides information about the new law including who will enforce the law and the fine for the offence.
The factsheet has been translated into several languages.
Media Releases
Stickers and other resources are available from the Resource Distribution Unit.