Driving in Kansas while vaping—what does the law actually say? With vaping becoming ever more common, many Kansans wonder if using an e‑cigarette behind the wheel is illegal. The good news: there’s no Kansas statute that expressly bans vaping while driving. But don’t get too comfy—other laws can still land you in trouble.
No Direct Ban on Vaping While Driving
Kansas statutes do not explicitly prohibit vaping while operating a motor vehicle. E‑cigarettes are not referenced in distracted-driving or vehicle-safety laws. Similarly, there’s no clause in state code targeting the use of vapes in cars.
That said, vaping can still lead to citations. Drivers who vape and exhibit careless or distracted behavior—such as swerving, failing to keep eyes on the road, or causing windshield obstruction from thick vapor—could be cited under broader road-safety laws.
Distracted Driving Laws in Kansas
Texting vs. Vaping
Kansas law is crystal clear on texting and emailing while driving: under K.S.A. § 8‑15,111, it is illegal for any driver to manually write, send, or read a text, email, or similar message while operating a vehicle. The law applies to everyone, with limited exceptions (e.g., emergency responders, voice‑activated systems, emergencies).
Vaping Under “Distracted Driving?”
Vaping isn’t mentioned directly in K.S.A. § 8‑15,111, but the act of handling a vape can qualify as “distracted” or “careless” driving. Kansas law empowers officers to pull over drivers whose behavior presents a hazard—even if no specific law references vaping. For example, an officer could cite a driver for negligent operation if swerving due to vaping-induced distraction.
Likewise, veiling the windshield in thick clouds can be treated as obstruction of view, giving law enforcement reasonable grounds for a citation.
Penalties & Consequences
When You’re Caught Texting
- First offense: up to $250 fine, license suspension for 30 days
- Second offense: up to $500, license suspended for 90 days
Texting laws are vigorously enforced—even without an accident.
Vaping‑Related Citations
No defined fine exists for vaping while driving. But you could be charged under:
- Reckless or careless driving
- Obstructed vision from vapor clouds
- Failure to maintain proper vehicle control
Penalties vary based on severity, from traffic tickets to misdemeanor charges.
Special Rules for Young or Restricted Drivers
Kansas imposes stricter controls on novice and youthful drivers:
- Under 18 (permit holders and restricted licensees) may not use any wireless electronic device, except for emergencies.
- Drivers 14–17 are barred from any non-essential electronic device use—regardless of hands‑free capability(khi.org).
Although vaping devices aren’t labeled “wireless communication devices,” the spirit of distracted-driving laws extends to handheld or fiddly devices like vapes. A young driver vaping while driving could face disciplinary action.
Don’t Forget Age & Public‑Use Restrictions
Important to note—even though Kansas doesn’t ban vaping while driving, statewide restrictions on where vaping is allowed still apply:
- You must be 18 or older to purchase and use vaping products.
- Vaping is banned in many public spaces—indoors, near minors, or government buildings; police often frown upon vaping around young passengers.
While only some localities expressly bar vaping in vehicles with minors, doing so in a car is generally frowned upon—especially if it affects visibility or safety.
Common‑Sense Tips for Safe Driving
Given the legal grey area and potential risks, here are some sensible practices:
- Keep both hands on the wheel. Avoid handling devices in turn.
- Use small vape pens only, to minimize time fiddling and vapor clouds(thekindpen.com).
- Roll down a window to prevent vapor buildup.
- Pull over if refilling or adjusting your device.
- Avoid vaping around children. Second‑hand vapor isn’t ideal, plus it might trigger a stop by wary cops.
Summary & Takeaways
- Vaping while driving is not explicitly illegal in Kansas.
- But you can be cited for:
- Careless/distracted driving
- Obstructed view due to vapor
- Failure to maintain vehicle control
- Texting while driving is illegal, with steep penalties(enjuris.com, sloanlawfirm.com, thekindpen.com).
- Under‑18 drivers face stricter rules; any device use risks legal trouble(trustedchoice.com).
- Public vaping restrictions still apply—and vaping with minors aboard can provoke enforcement.
- Best practice: Don’t vape while driving. Take breaks.
Final Word
While vaping behind the wheel isn’t against the letter of Kansas law, it’s risky, distracting, and legally precarious. Handling a vape can lead to charges of careless driving or visibility obstruction, especially if your actions cause unsafe conditions. And for younger drivers, any device use can trigger legal trouble