No, vaping in a car with children under 18 in Austria is prohibited under the Tobacco and Non-Smokers Protection Act (TNRSG) as amended in 2024, effective January 2025. The law aligns with EU directives but imposes stricter penalties for violations involving minors. The Bundesministerium für Soziales, Gesundheit, Pflege und Konsumentenschutz (BMSGPK) enforces compliance, with fines up to €1,000 for drivers and €500 for passengers.
Key Regulations for Vaping in a Car with Kids in Austria
- Complete Ban for Minors: Vaping in enclosed vehicles when a child under 18 is present is illegal, regardless of whether the child is actively vaping. The restriction applies to all nicotine and non-nicotine e-cigarettes.
- Driver Liability: The driver is solely responsible for compliance, even if another passenger is vaping. Violations trigger administrative penalties under §13a TNRSG, with escalating fines for repeat offenses.
- Zero-Tolerance Enforcement: Police and Gemeindewachkörper may conduct random checks in vehicles with visible minors. Non-compliance risks immediate fines and potential child protection referrals to local youth welfare authorities.