Yes, it is illegal to smoke in a car with a child present in Oregon. The state enacted this law to protect minors from the harmful effects of secondhand smoke, particularly in the confined space of a vehicle.
Understanding Oregon’s Law
Oregon Revised Statutes (ORS) 811.193 prohibits smoking, aerosolizing, or vaporizing in a motor vehicle when a person under 18 years of age is present. This includes the use of traditional tobacco products, marijuana, and electronic cigarettes. The law defines “smoking” as inhaling, exhaling, burning, or carrying any lighted or heated tobacco or plant product intended for inhalation.
Importantly, this is classified as a secondary offense. This means that a law enforcement officer can only issue a citation for smoking in a vehicle with a minor if the driver has been stopped for another traffic violation or offense.
Penalties for Violations
Violating this law carries financial penalties:
- First Offense: Class D traffic violation, which may result in a fine.
- Subsequent Offenses: Class C traffic violation, leading to higher fines.
These penalties aim to deter individuals from exposing minors to the dangers of secondhand smoke in vehicles.
Health Risks of Secondhand Smoke in Vehicles
Children are particularly vulnerable to the effects of secondhand smoke due to their developing respiratory systems. In the confined space of a car, smoke concentrations can become dangerously high, even with windows open. Studies have shown that secondhand smoke levels in vehicles can exceed hazardous levels on the Environmental Protection Agency’s Air Quality Index, posing significant health risks to children.
Health issues linked to secondhand smoke exposure in children include:
- Increased risk of sudden infant death syndrome (SIDS)
- Respiratory infections such as bronchitis and pneumonia
- Exacerbation of asthma symptoms
- Ear infections
Moreover, thirdhand smoke—the residual nicotine and other chemicals left on indoor surfaces by tobacco smoke—can also pose health risks, especially in vehicles where residues can accumulate on seats and other surfaces.
Enforcement and Public Awareness
While the law is a secondary offense, its existence serves as a public health measure to raise awareness about the dangers of smoking around children. Public health campaigns in Oregon have emphasized the importance of smoke-free environments for children, encouraging adults to refrain from smoking in vehicles and homes when minors are present.
Law enforcement agencies may issue citations during routine traffic stops if they observe violations, reinforcing the state’s commitment to protecting children’s health.
Conclusion
Oregon’s prohibition against smoking in vehicles with minors reflects a broader commitment to safeguarding children’s health from the well-documented dangers of secondhand and thirdhand smoke. By understanding and adhering to this law, individuals contribute to a healthier environment for all passengers, especially the most vulnerable.