Delaware § 2909 Smoking restrictions within vehicles

Delaware Statutes

§ 2909 — Smoking restrictions within vehicles

Delaware·Title 16·Part Regulatory Provisions Concerning Public Health·Ch. 29 CLEAN INDOOR AIR ACT

(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.

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