Frequently asked questions
How is the law enforced?
NSW Police enforces the ban on smoking in cars with children.
What is the fine?
A $250 on the spot fine applies to the driver and any passenger who breaks the law. If a person elects not to pay the fine and have the matter dealt with by a court, the maximum fine that may be imposed by a magistrate is $1,100.
Will I be breaking the law if I wind the car window down while smoking?
Yes. Winding down the car window is not enough to stop tobacco smoke affecting children.
If I am driving and one of my passengers is smoking, will I also be fined?
Yes. A $250 on the spot fine applies to the driver and any passenger who breaks the law.
Why is this law in place?
The NSW Government introduced laws to protect children from second-hand tobacco smoke. Second-hand tobacco smoke harms children's growing lungs. Other new laws include placing tobacco products out of sight in shops and increasing penalties for selling tobacco products to children. Information about these laws is available from Information for Tobacco Retailers and Consumers.
The factsheet provides information about the smoke-free cars law including who enforces the law and the fine for the offence.
The factsheet has been translated into several languages.
Car and Home: Smoke free zone
The Cancer Council NSW has produced the following resources on the Car and Home: Smoke free zone campaign:
Stickers and other resources are available from the Resource Distribution Unit.