More passengers vaping and leaving vapes behind in cars, private-hire drivers say

SINGAPORE: Since the start of the year, private-hire driver Michael has had roughly 20 passengers who either vaped while in his car or just before getting in. 

"The amount (of vaping passengers) has been scary," said the 48-year-old, who only wanted to give his first name.

"Some will take a last puff before boarding, some will secretly vape behind my seat, a handful will ask openly if they can vape in the car." 

Mr Cheng, also a private-hire driver, had to tell a passenger who was vaping in his car to stop. 

“I just told him that actually he can’t vape in the car, and he said sorry (and stopped). There was nothing much else I could do,” said the 52-year-old.  

Two other drivers – Mr Richard Low and one who wanted to be known as Mr Tay – found vapes left behind by passengers while cleaning their cars.

While Mr Tay promptly threw it away, Mr Low kept the vape he found in case the passenger tried to reclaim it. 

But as vaping is illegal in Singapore, those caught using or in possession of a vape can be fined up to S$2,000 (US$1,490). 

“I never thought that if I (kept it), it would be considered illegal,” Mr Low said.

All four private-hire drivers CNA spoke to said they have seen more passengers vaping in their cars in recent months. 

This comes as an increasing number of people in Singapore have been caught with vapes – or e-vaporisers – with 8,000 offences recorded last year, a 43 per cent jump from the 5,600 in 2022.

The authorities have said they are reviewing penalties against vaping. Those who import, distribute or sell vapes already face stiff penalties, including a possible jail term and fines above the S$2,000 that vape users face.

"I WON'T CONFRONT THEM"

Chief among the private-hire drivers' concerns was getting into trouble with the law if they did not stop passengers from vaping or if they were found with vapes left behind by passengers in their cars.

Some, like Michael, are reluctant to tell off vaping passengers. "I won't confront them directly as they might rate us 'one star', which impacts our incentive," he said.

Ride-hailing platforms typically offer monetary incentives to drivers who meet a target number of rides. Drivers with poor ratings from customers may not qualify for these incentives.

Mr Cheng said ride-hailing platforms should provide clarity on how drivers should handle vaping passengers.

“I don’t know whether I would be implicated if I’m just driving and he’s just (vaping) behind,” he said. 

Ride-hailing firms told CNA that instead of throwing away vapes left behind by passengers, drivers should report them to the authorities. 

Grab said drivers should take a photo of the vape and submit the photo via its driver app.

“Following this, they should file a police report and submit a copy to Grab,” said its spokesperson. “We do not recommend that driver-partners dispose of the item immediately as it may hinder investigations.” 

Gojek said its drivers have been “informed on the necessary steps to take when they encounter such events” and have been cooperative in assisting with such cases, which includes turning in illegal items. 

TADA also urged drivers who find anything in their cars that they suspect is illegal to hand it over to the authorities. 

The platforms also said that action can be taken against passengers who vape during rides, even after being told to stop. 

If passengers refuse to comply, Grab said its drivers have the right to stop "at a suitable drop-off point" and ask passengers to exit the car. 

Drivers can also report vaping-related incidents on the Grab app, which Grab may then bring up with the relevant authorities.

Gojek said that passengers are required to comply with all applicable laws and regulations as stipulated in the terms and conditions of its user agreement. 

“We will take firm and immediate action against any user found to be in breach of the law, which includes permanent suspension from our platform,” the Gojek spokesperson said. 

REPORT TO THE POLICE? 

Are private-hire drivers legally obliged to report vaping passengers to the police? The short answer is no, said Mr Alexander Woon, who is provost’s chair at the Singapore University of Social Sciences' School of Law. 

Mr Woon said that there is no general duty to report offences in Singapore, unless they fall under certain provisions for crimes that are more egregious, such as violent or sexual offences. 

“Drivers may choose to report an offence to the police if they want, but it does not appear to be mandatory to do so,” said Mr Woon, who is also a practising lawyer with RHTLaw Asia. 

Failure to stop someone from committing a crime – in this case, vaping – is also not considered abetment. 

“To be considered abetment, the driver would have to either incite, intentionally aid or conspire with the passenger to commit an offence,” said Mr Woon. 

What if a passenger leaves a vape behind and a driver is later caught with it? 

Mr Woon said that it is a “difficult” situation as the driver may have to convince the police that he is not the one in possession of the vape. 

“Evidence would be important in this situation, so it would be helpful if the driver could produce some proof to show that the passenger brought the vape into the vehicle.” 

Drivers facing potential legal liability should consult a lawyer for advice on their specific case, he said.