From 5 December 2016 it will be against the law in Scotland to smoke in a car if there is a child present. A ‘child’ is defined as anyone under the age of 18.
The ban applies to private motor vehicles in public places. It does not apply if the vehicle is designed to be used as living accommodation, such as a mobile home, and the smoking takes place while the vehicle is parked and being used as living accommodation.
If you are found to be smoking in a car with a child present (and the living accommodation exception doesn’t apply), you could be given a fixed penalty either by the police or by a local authority officer. The fixed penalty will be for £100. If you pay the penalty within 29 days then you will not be prosecuted. If you do not pay the penalty, you could be prosecuted and, if found guilty, you could be given a fine of up to £1,000.
It has been against the law in England and Wales to smoke in a car if a child is present since October 2015.