Rules of the Road for Drivers

ORS 811.193
Smoking, aerosolizing or vaporizing in motor vehicle when child is present

  • penalty


(a) A person commits the offense of smoking, aerosolizing or vaporizing in a motor vehicle if the person smokes or uses an inhalant delivery system in a motor vehicle while a person under 18 years of age is in the motor vehicle.


As used in this subsection:


“Smokes” means to inhale, exhale, burn or carry a lighted cigarette, cigar, pipe, weed, plant, regulated narcotic or other combustible substance; and


“Uses an inhalant delivery system” means to use an inhalant delivery system, as defined in ORS 431A.175 (Definitions), in a manner that creates an aerosol or vapor.


Notwithstanding ORS 810.410 (Arrest and citation), a police officer may enforce this section only if the police officer has already stopped and detained the driver operating the motor vehicle for a separate traffic violation or other offense.


Smoking, aerosolizing or vaporizing in a motor vehicle is a:


Class D traffic violation for a first offense.


Class C traffic violation for a second or subsequent offense. [2013 c.361 §2; 2015 c.158 §12]
Note: 811.193 (Smoking, aerosolizing or vaporizing in motor vehicle when child is present) was added to and made a part of the Oregon Vehicle Code by legislative action but was not added to ORS chapter 811 or any series therein. See Preface to Oregon Revised Statutes for further explanation.
Chapter 811

See also annotations under ORS chapter 483 in permanent edition.

Notes of Decisions

Under Former Similar Statute

A party in violation of a motor vehicle statute is negligent as a matter of law unless he introduces evidence from which the trier of fact could find that he was acting as a reasonably prudent person under the circumstances. Barnum v. Williams, 264 Or 71, 504 P2d 122 (1972)

Law Review Citations

Under Former Similar Statute

10 WLJ 207 (1974)


Last accessed
Jun. 26, 2021