By Bob Katzen

The Public Health Committee held a hearing on a measure that would prohibit smoking in any motor vehicle in which there is a child who is required to be in a child passenger restraint. Under Massachusetts law, children must use a restraint until they are at least eight years old or at least 57 inches tall. The measure imposes a $100 fine on drivers who violate the smoking ban.

The proposal also prohibits a police officer from searching a motor vehicle, its contents, the driver or a passenger solely because of a violation of this law. It also prohibits the violation from being used as evidence of contributory negligence by the driver in any civil action and requires officers, for 90 days after the new law is in effect, to give only a warning and not a citation to a driver who violates this law.

Supporters say that second-hand smoke causes respiratory problems, ear infections and mental health disorders including depression. They note it can also make a child’s asthma worse. They argue that the only effective way to fully protect non-smokers from harm is to eliminate smoking in enclosed spaces including homes, worksites, public spaces and vehicles.

“I filed this because we need to protect young children who are the most vulnerable to second-hand smoke,” said sponsor Rep. Jim Hawkins (D-Attleboro). “It’s interesting that in the middle schools I have visited that students have chosen this for their civics projects. Even though I have not gotten it through in previous sessions I think it’s important so I will keep pushing it.”