Smoking and vaping rules in licensed taxis and private hire vehicles explained for drivers and passengers
- Perry Richardson
- 1 hour ago
- 3 min read
Smoking in licensed taxis and private hire vehicles has long been prohibited across the UK, but confusion remains among some drivers and passengers about whether vaping is treated the same way and what enforcement powers apply.
Under the Health Act 2006 and subsequent smoke-free regulations in England, smoking is banned in any vehicle used for work purposes if more than one person uses the vehicle, regardless of whether they are present at the same time. That includes all licensed taxis and private hire vehicles. Similar provisions apply in Wales under the Smoke-free Premises etc. (Wales) Regulations 2007, in Scotland under the Smoking, Health and Social Care (Scotland) Act 2005, and in Northern Ireland under the Smoking (Northern Ireland) Order 2006.
For the licensed trade, this means that drivers and passengers are prohibited from smoking traditional tobacco products inside the vehicle at any time, including when the vehicle is not carrying a fare. The rules apply whether the vehicle is moving or stationary and cover cigars, cigarettes and pipe tobacco.
Drivers who allow smoking in their vehicle can face fixed penalty notices and potential prosecution. Enforcement is typically carried out by local authority environmental health teams, with fines for smoking in a smoke-free vehicle and separate penalties for failing to display required no-smoking signage. Licensing authorities may also take action under local taxi and private hire licensing conditions.
What the law says about smoking and e-cigarette use inside licensed vehicles across the UK
The legal position on vaping is different. The national smoke-free legislation does not automatically include electronic cigarettes. However, most local licensing authorities across England, Wales, Scotland and Northern Ireland include specific conditions within taxi and private hire vehicle licences prohibiting the use of e-cigarettes inside licensed vehicles.
As a result, in many council areas vaping is treated in the same way as smoking for licensing purposes, even though it is not covered by the original smoke-free legislation. Drivers are usually prohibited from vaping while on duty, and passengers can be refused permission to vape inside the vehicle.
Operators may also set company policies banning vaping in their fleet vehicles. Breaches of local licence conditions can lead to warnings, suspension or revocation of a driver’s licence.
Responsibilities of drivers
Licensed drivers are responsible for ensuring compliance with smoke-free laws and any additional local conditions attached to their vehicle and driver licence. This includes displaying the correct no-smoking signage in the vehicle, which must meet prescribed size and wording requirements.
If a passenger attempts to smoke during a journey, drivers are entitled to stop the vehicle when safe to do so and request that the passenger extinguish the cigarette. Continued refusal can justify terminating the hire, provided the driver follows local authority guidance and does not place themselves at risk.
What passengers should expect
For passengers, smoking is illegal in all licensed taxis and private hire vehicles across the UK. Attempting to smoke can result in a fixed penalty fine and removal from the vehicle.
Vaping is likely to be prohibited as well, depending on local council conditions and operator policy. Passengers should assume that e-cigarette use is not permitted unless the driver explicitly confirms otherwise, and even then drivers may be restricted by licensing rules.
The rules are designed to protect drivers and passengers from second-hand smoke exposure and to maintain a consistent professional standard within the licensed trade. Non-compliance can carry financial penalties and pose a risk to their licence, making awareness of both national legislation and local licensing conditions essential for those operating in the sector.
