You asked if the possibility of banning smoking in cars was discussed or considered when the law prohibiting drivers from engaging in distracting activities while driving was enacted. You also wanted to know if any state has prohibited smoking in cars.

Smoking does not appear to have been specifically discussed during consideration of the 2005 law (PA 05-159) that provides an additional penalty for any driver who commits a moving violation while engaging in a nondriving related activity that a police officer determines contributed to commission of the moving violation. However, since smoking is not a driving-related activity, it would appear to fall into the category of activities that could be penalized under the law. PA 05-159 provides for a fine of $ 100, in addition to any fines applicable to the moving violation committed, if the nondriving related activity contributed to commission of the moving violation.

Arkansas and Louisiana appear to be the only two states that have passed bans on smoking in private motor vehicles, but the prohibitions are limited to cars in which children below certain ages are riding. Several other states, including California, Maine, New York, and Utah, appear to have considered similar legislation, but only Arkansas and Louisiana have adopted their bills as law. Both states passed their laws in 2006.

The Arkansas law, HB 1046, took effect in July. It prohibits smoking by anyone in a motor vehicle in which a child who is required by law to be riding in a child restraint system is riding. (In Arkansas, this is a child who is less than six years old or who weighs less than 60 pounds. ) Violators are subject to a fine of up to $ 25, but any violator who proves to the court that he has entered into a smoking cessation program may have his fine eliminated for a first offense.

The Louisiana law, Act 838, took effect in August. It prohibits smoking by anyone in a motor vehicle, van, or pickup truck in which a child subject to the state's child restraint or seat belt law is present, whether or not the vehicle's windows are down. In effect, this means that the ban applies whenever a child under age 13 is in the vehicle. Violators must be fined $ 150 per offense or, at the judge's discretion, sentenced to up to 24 hours of community service. Violation is a primary offense, that is, a police officer may stop the vehicle solely for this violation without having to observe another type of motor vehicle violation. Probable cause for arrest is based solely on the officer's clear and unobstructed view of someone smoking in the vehicle.

JF: dw