DRIVERS could face major fines and losing their licence if they are caught using e-cigarettes in certain circumstances behind the wheel.

Police have issued a warning that motorists who are distracted by the smoke from e-cigarettes may be prosecuted for driving without due care and attention.

According to RAC, who provide roadside assistance and breakdown cover, vaping while driving could result in the same penalty as if they were caught using a mobile phone while driving.

Sgt Carl Knapp, of the Surrey and Sussex Roads Policing Unit, said: “The smoke caused by vapes is a distraction, and the consequences can be dire.

“All it takes is a moment to become distracted and potentially cause a crash or, even worse, a fatality.”

He added: “There are no laws prohibiting vaping. However, you need to be in full and proper control of your vehicle at all times.”

While vaping behind the wheel is not in itself illegal, police say that an e-cigarette will be treated the same as any handheld electronic device.

In the most severe cases, motorists could receive nine penalty points, a driving ban and a fine of up to £2,500.

Sgt John Davis, of Surrey Police, said: “Firstly, any person who is distracted in any way could be guilty of an offence – whether that be smoking, vaping, eating, etc."

He said that situations where motorists are deemed to be distracted by their e-cigarettes will be dealt with on a "case-by-case basis."

“I am unaware of any studies, either in the UK or elsewhere, where the effects of vaping have been looked at", Sgt Davis said.

"In investigations that we conduct, any distraction would need to be dealt with on a case-by-case basis."

He also stated that it is unlikely that any specific law around vaping behind the wheel would be introduced in the near future.

He said: "With regards a national discussion, it hasn’t been raised as an issue, so it’s unlikely to be discussed at a national level. The Highway Code also covers distractions, as does the law.

"It would be impractical to bring in a law for any new ‘distraction’ that comes along. The mobile phone laws were brought in and then penalties increased because it became a very real problem."

Drivers who are found not to be in full control of their vehicle at all times could be landed with up to nine points on their licence and a £2,500 fine.

A spokeswoman for Brake, the UK road safety charity, said: "Vaping while driving increases your risk of crashing, causing visual disruption and physical and mental distraction. “Attempting any type of activity that takes your eyes off the road increases your chances of causing a crash, and killing or seriously injuring someone.”

A spokesperson for the Department of Transport said: “We believe that drivers should always follow the rules set out by the highway code and must always exercise proper control of their vehicle and avoid any distractions, including vaping.”