Aussie tram driver calls out young man for vaping on public transport - but is it illegal? TikTok footage shows tram driver confront man for vaping on a Melbourne tram The passenger claimed he was not smoking and that it was actually 'vaporiser' Video sparks debate on social media over whether vaping is considered smoking By Miriah Davis For Daily Mail Australia Published: 23:30 GMT, 24 January 2022 | Updated: 23:31 GMT, 24 January 2022 Viewcomments A frustrated tram driver has called out a passenger for vaping but social media users are divided as to whether the man was in the wrong. Footage uploaded to TikTok last Monday shows a tram driver confront a male passenger for repeatedly vaping during a tram ride in Melbourne. 'You are being rude to everybody else on this tram by smoking,' the tram driver says. A TikTok shows a tram driver confront a male passenger for repeatedly vaping during a tram ride in Melbourne The man denies he was smoking, pointing out it was 'vaporiser' before offering to put his vape away. 'It doesn't matter you cannot smoke in the tram, do you not understand me?' the driver adds. The confrontation has stirred up heated debate between social media users over whether vaping on a tram is illegal. 'It's not smoke they need to change the signs,' wrote one person. 'It says on the signs no smoking with a cigarette icon not vape, change the pictures he has a valid point,' commented another. 'Vaping does not fall under no smoking laws,' added a third. However, other TikTok users argued they fall under the same catergory as both are considered smoking. 'Get off it they fall under the same classification as smoking don't you know that wow,' a person wrote. 'You cannot smoke in the tram,' added another. Under the Tobacco Act 1987, smoking or vaping in enclosed spaces where people can be exposed to second-hand tobacco smoke or aerosol from a vape is illegal. Recent tobacco law reforms in 2016 expanded to include e-cigarettes and also increased the number of smoke-free areas in Victoria. AREAS WHERE SMOKING AND VAPING ARE BANNED: Outdoor dining areas where food is consumed such as cafes, footpath dining, restaurants and pubs, food fairs, community and street festivals Enclosed restaurants, cafes and dining areas of hotels Licensed clubs Shopping centres Enclosed workplaces In a car where any passenger is under 18 Patrolled beaches Children's playgrounds, skate parks and sporting venues during organized under-age sporting events Under-age music or dance events Public pools Within four metres of entrances to, childcare centres, kindergartens, pre-schools, and primary and secondary schools Within four metres of entrances to children's indoor play centres Within four metres of entrances to public hospitals and registered health centers within four metres of entrances to certain Victorian Government buildings Courts or police stations Train stations, tram platforms, or tram and bus shelters Source: Better Health Victoria Advertisement Read more: Share or comment on this article: All rights reserved for this news site (dailymail) and under his responsibility