NEW rules banning smoking in cars in which there are passengers up to the age of 18 came into force yesterday.

Flouting the ban could lead to a £50 fine.

The Smoke-Free (Private Vehicles) regulations 2015 has been introduced to protect children from the harm of second hand smoke.

It is now an offence to smoke in a private vehicle with someone aged under 18 present and for drivers to fail to prevent smoke in their vehicle with someone under 18 inside.

It is not an offence for someone under 18 to smoke in a vehicle alone due to the legal requirement for there to be more than one person present for the vehicle to be smoke-free.

Motor homes, campervans and caravans are also included when being used as a vehicle but not when used as a home.

A covertible with the roof completely down and stowed is not enclosed so the legislation does not apply.

But it does apply to a vehicle with the sunroof open and where someone is sitting in a vehicle with the door open.

The new rules do not apply to e-cigarettes and does not affect vehicles already covered by existing legislation such as taxis and buses.

Inspector Richard Pryce, roads policing lead for Devon and Cornwall police, said: ‘If an officer witnesses a person smoking in a vehicle with a person under the age of 18 present, the driver of that car could be fined £50.

‘While the penalty for the offence is fixed, officers will use professional judgement and discretion to advise and educate where it is justifiable to do so.

‘We are not encouraging the public to report such instances to police.

‘This new law has been introduced to help protect children from second hand smoke.’