Smoking in Cars With Kids to Become Illegal

In Utah, legislation that would ban smoking in cars with passengers under the age of 16 is waiting for the governor's signature.

March 11, 2013

SALT LAKE CITY - The Utah Senate narrowly passed a measure last week that would make it illegal for drivers to smoke in vehicles with passengers under the age of 16. The bill is now with the governor awaiting his signature, reports the Deseret News.

"The worst place for children to be exposed to secondhand smoke is a small, enclosed place such as a car, where the concentration of smoke is about 27 times greater than in other settings," said state Rep. Patrice Arent, author of the bill. "Children are particularly susceptible to damage because their lungs are still developing."

If enacted, drivers would be given a $45 fine if caught smoking in a vehicle with children. The news source notes that it would be a secondary offense, meaning police couldn't stop motorists for smoking but could issue a citation after pulling them over for another violation. Police would issue only warnings for the first year, beginning this July.

State senators who oppose the bill said it's a slippery slope that infringes on personal liberties and puts Utah on a path to becoming a "nanny state." Also, it could set a precedent that could lead to parents being accused of child abuse and having their children taken away.

"Governments are not elected to interfere with what we are doing in our families," said state Sen. Margaret Dayton, noting that Utah residents don't need "clean air Nazis" intruding in their lives.

The bill states that the $45 fine can be waived for people who take a smoking cessation class, and that violations cannot be used as evidence of child abuse or neglect.

Advertisement
Advertisement
Advertisement