Ask any long-time driver, and they’ll likely tell you about the days when a cigarette behind the wheel was just part of the scenery. But times have drastically changed. Even if you see people smoking in traffic today, you might want to think twice, especially in Spain, to avoid unexpected fines or loss of points. The good news: there’s no specific law in Spain that completely prohibits smoking while driving. The Reglamento General de Circulación does not contain an article stating: “Smoking while driving is prohibited.” Sounds reassuring, right? Well, not so fast.
Spanish Law: What Really Matters – Concentration and Control
However, what Spanish traffic law, particularly the DGT (Dirección General de Tráfico), clearly states is that every driver must have both hands free (unless shifting gears), maintain full control of the vehicle, keep a clear field of vision, and concentrate fully on the road. Basically, if you do something that interferes with these requirements – and this can include smoking – then you could get into serious trouble. The DGT keeps a vigilant eye on road safety.
When Can Smoking While Driving Lead to a Fine in Spain?
This is where Spanish law gets interesting. The act of smoking itself is not illegal, but the distraction it can cause is a completely different story. Let’s look at some common situations where smoking behind the wheel can result in more than just a dirty look from another driver:
- Lighting a cigarette: What might seem like just a brief moment can have fatal consequences. These seconds where you take your eyes off the road are enough for the DGT to classify it as distracted driving. An attentive traffic officer can immediately penalize this.
- Fumbling with your tobacco or lighter: Same story. If you reach for a cigarette or a lighter and lose attention to the road, you endanger not only yourself but also other road users.
- Holding the cigarette while steering: It sounds harmless, but if you can’t react quickly because one hand is occupied holding a cigarette, you can be fined.
- Smoking in heavy traffic or with open windows: The smoke itself can impair your vision – especially in winter when the windows fog up. Impaired vision means a loss of control over the vehicle.
- Throwing a cigarette butt out the window: This is a serious offense. Not only is it a danger to other drivers and the environment, but it’s also one of the main causes of forest fires in Spain. If caught, you face a fine of up to 500 Euros and the loss of six points from your driver’s license. This is no minor matter!
For most offenses related to distraction, fines start at 200 €. However, the actual costs can be significantly higher if you are held responsible for an accident.
Smoking with Children or Pregnant Women in the Car: A Gray Area (for now)
In countries like the UK, France, and Italy, it is already illegal to smoke in a car with children or pregnant passengers. In Spain, this is not (yet) the case. There have been discussions about changing the law, and the Ministry of Health has even included a ban in the draft of the new National Plan for the Prevention of Smoking. However, nothing concrete has happened so far.
Currently, it does not violate the law, but every medical association and public health group in Spain advocates for this to change. Just because it’s legal doesn’t mean you should do it. Most would say no – especially given the dangers of passive smoking to children and pregnant women. Given the growing public pressure, it would be no surprise if Spain soon introduced stricter rules.
Is Smoking While Driving in Spain Really Worth the Risk?
For many people, the car is like a private bubble – a place where you can relax, listen to your favorite playlist, and yes, sometimes enjoy a cigarette. But here’s the truth: once you’re behind the wheel, you’re responsible for much more than just your own comfort.
Distracted driving is one of the main causes of accidents in Spain, and the DGT is becoming increasingly strict about it. Even a brief moment of inattention – whether it’s lighting a cigarette, taking one out of the pack, or dealing with ash on your lap – can be all it takes to make a costly mistake. And let’s not forget: it’s not just about fines, points, or losing your license. It’s about protecting yourself, your passengers, and everyone else on the road.
Why It’s Worth Waiting to Smoke Until You’ve Parked
So, can you smoke in your car in Spain? Technically, yes. But should you? If you want to stay out of trouble (and out of court), the smart answer is no.
Your car may feel like your own little world, but out on the road, every decision you make affects other people too. Play it safe, save your smoke break for when you’ve parked, and focus on what truly matters: the road ahead.
