Vehicles with kids – international overview
Laws Banning Smoking in Vehicles Carrying Children – International Overview
Canadian Cancer Society : August 1, 2008
Summary: Laws prohibiting smoking in vehicles carrying children have been adopted in the Canadian provinces/territories of Nova Scotia, Ontario, British Columbia and the Yukon Territory, the Canadian municipalities of Wolfville (Nova Scotia), Surrey (British Columbia) and Okotoks (Alberta), the U.S. states of California, Maine, Arkansas, and Louisiana, the U.S. municipalities of Bangor (Maine), Keyport (New Jersey), West Long Branch Borough (New Jersey) and Rockland County (New York), as well as South Africa, Puerto Rico and the Australian states of South Australia and Tasmania. In Canada, the provinces Prince Edward Island (draft bill announced) and Manitoba (announcement by Premier) are moving forward with legislation. In Australia, the Governments of the Australian Capital Territory and the states of Victoria, Queensland and New South Wales are also considering bringing forward such legislation.3 In the U.S., bills are currently before several U.S. state legislatures.
Listed below are the jurisdictions, the applicable age, the date of coming into force, and the date the law was adopted. Applicable age refers to under the age, thus “19″ (for example) means that smoking is prohibited in a vehicle carrying someone under age 19.
Jurisdiction Applicable Age Date Law Date Law
in Force Adopted
Canadian provinces/territories
1. Nova Scotia 19 April 1, 2008 Dec. 13, 2007
2. Yukon Territory 18 May 15, 2008 Apr. 22, 2008
3. British Columbia 16 date to be set May 29, 2008
4. Ontario 16 Jan. 21, 2009 June 18, 2008
Canadian municipalities
5. Wolfville, Nova Scotia 19 June 1, 2008 Nov. 19, 2007
6. Surrey, British Columbia 19 July 31, 2008 July 14, 2008
7. Okotoks, Alberta 16 Sept. 1, 2008 July 15, 2008
U.S. states
8. Arkansas if car seat required[i] July 21, 2006 Apr. 10, 2006
9. Louisiana 13[ii] Aug. 15, 2006 July 5, 2006
10. California 18 Jan. 1, 2008 Oct. 10, 2007
11. Maine 16 Sept. 1, 2008 Apr. 10, 2008
U.S. municipalities
12. Bangor, Maine 18 Jan. 18, 2007 Jan. 8, 2007
13. Keyport, New Jersey 18 Apr. 26, 2007 Apr. 24, 2007
14. Rockland County, N.Y. 18 June 21, 2007 June 15, 2007
15. West Long Branch Borough, NJ 18 June 9, 2007 June 6, 2007
Australian states and territories[iii]
16. South Australia 16 May 31, 2007 Apr. 5, 2007
17. Tasmania 18 Jan. 1, 2008 Dec. 19, 2007
Countries
18. South Africa 12 date to be set Feb. 23, 2008
Other
19. Puerto Rico 13 Mar. 2, 2007 Mar. 2, 2006
(US Commonwealth in Caribbean)
In Arkansas, a car seat is required when a child is less than six years of age and weighs less than sixty pounds (per s. 27-34-104(b) of the Arkansas State Code).
Louisiana Revised Statue 32:295 sets out various rules for car seat and seat belt use that apply to all child passengers up to and including age 12.
For the state of New South Wales, see “Smoking ban to hit parents in NSW cars” The Daily Telegraph, Nov. 9, 2007.
For the Australian Capital Territory, see Media Release, Jon Stanhope, Chief Minister, Australian Capital Territory, June 6, 2007:
For Queensland, see Queensland Government Joint Statement, Premier – The Honourable Anna Bligh, Minister for Health – The Honourable Stephen Robertson, “Bligh Government toughens anti-smoking legislation” May 26, 2008; see also “Bligh bans smoking in cars with kids”, The Daily Telegraph, May 26, 2008:
For Victoria, see “MP introduces bill to ban youth smoking”, ABC News, June 12, 2008: Bill 65, Tobacco (Control of Tobacco Effects on Minors) Bill 2007 (see section 4), This bill was adopted by the Legislative Council on June 25, 2008, followed by the Legislative Assembly returning the bill back to the Legislative Council with a message that the bill seeks an appropriation from the Consolidated Fund.