Delaware § 2909 Smoking restrictions within vehicles

Delaware Statutes

§ 2909 — Smoking restrictions within vehicles

Delaware § 2909

Title16

PartRegulatory Provisions Concerning Public Health

Ch. 29CLEAN INDOOR AIR ACT

This text of Delaware § 2909 (Smoking restrictions within vehicles) is published on Counsel Stack Legal Research, covering Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Del. Code tit. 16, § 2909 (2026).

Text

(a)A person is prohibited from smoking in a vehicle, whether it is in motion or at rest, if a person under 16 years of age is in the vehicle, regardless of whether the vehicle’s windows are open. This subsection does not apply to a person who is the sole occupant of a vehicle.

(b)State and local police are empowered to enforce this section, but a police officer may not stop or detain a motor vehicle or its driver nor inspect or search the vehicle, the contents of the vehicle, or the operator or passenger of the vehicle solely for a violation or suspected violation of this section.

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(a) A person is prohibited from smoking in a vehicle, whether it is in motion or at rest, if a person under 16 years of age is in the vehicle, regardless of whether the vehicle’s windows are open. This subsection does not apply to a person who is the sole occupant of a vehicle.

(b) State and local police are empowered to enforce this section, but a police officer may not stop or detain a motor vehicle or its driver nor inspect or search the vehicle, the contents of the vehicle, or the operator or passenger of the vehicle solely for a violation or suspected violation of this section.