France: A proposed law to ban smoking while driving

Registered in the National Assembly on September 15, 2026, a bill presented by MP Josiane Corneloup aims to ban smoking while driving.[1]. The text aims to amend Article L. 3512-9 of the Public Health Code, which already prohibits smoking in a vehicle in the presence of a minor under 18. Outside of this specific situation, smoking while driving can currently be penalized under the Highway Code if the action is deemed to prevent the driver from performing necessary maneuvers under normal conditions. The proposed law seeks to establish a general ban, making it more directly enforceable.

The primary reason is road safety and the risk of fire.

The explanatory memorandum highlights several issues. Searching for a cigarette, lighting it, dealing with ashes, or extinguishing a cigarette butt can distract the driver and require a hand. At 130 km/h, four seconds of inattention translates to more than 140 meters traveled. The proposal also notes that inattention is cited in 14% of those presumed responsible for fatal accidents, while 3,432 people died on French roads in 2024.

The text also highlights the fire risk associated with cigarette butts thrown from vehicles. According to an Ipsos BVA survey conducted for the VINCI Autoroutes Foundation in 2026, nearly one in five smokers admitted to throwing their cigarette butt out of their car window. The explanatory memorandum links this practice to the fire risk and reiterates the smoking ban in woods and forests, and up to 200 meters from them during periods of high risk. The responsibility of cigarettes and their manufacturers in fires is so well established. Another bill recently proposed taxing cigarettes to fund efforts to combat fires caused by cigarette butts..

Public health, also cited in the proposal

The proposed law also invokes the protection of people inside the vehicle. It emphasizes that the vehicle is an enclosed space in which passengers are potentially exposed to tobacco smoke., whereas the current ban only applies when a minor is present. The explanatory memorandum situates this measure within the policy of "denormalizing" smoking and within the 2023-2027 National Tobacco Control Program. According to the 2024 Public Health France Barometer, 24% of 18-79 year olds report smoking tobacco and 17.4% report smoking daily[2].

However, the scope of the proposed ban in this bill would not fully protect against exposure to secondhand smoke. Indeed, the proposed ban would only apply to the driver of a moving motor vehicle. Passengers would not be affected, nor would vehicles that are stopped or parked. The driver could therefore smoke after stopping the vehicle.

The provisions set out in the text, unprecedented in the European Union

Article 1^er plans to insert the following provision into the public health code:« It is forbidden for the driver of a motor vehicle in motion to smoke. »"The penalty would be defined later by decree. Article 2 provides for an entry into force six months after the promulgation of the law, in order to allow for the adoption of regulatory provisions and the implementation of a prevention campaign.".

According to the explanatory memorandum, no European Union member state currently applies a general ban on smoking while driving. However, eleven states, including France, prohibit the use of tobacco in vehicles in the presence of minors.

©Generation Without Tobacco

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[1]Bill No. 3150 – 17^e legislature, National Assembly, published on September 15, 2026, accessed on September 16, 2026

[2]A. Pasquereau, R. Guignard, R. Andler, V. Nguyen-Thanh, Smoking: use, desire to quit, and attempts to quit, Public Health France Barometer: 2024 edition results, Public Health France, published in December 2025, accessed on September 16, 2026

National Committee Against Smoking |