I would like to see your documentation on this. A USA Today article from about 2 months ago states that 3 years ago transportation officials recommended banning ecigs in flight but has yet to be finalized. Have they finalized this?
Fire marshal concerned over e-cigs on planes
It goes on to state that airlines allow them to be brought on the plane but generally prohibit their use. Nowhere does it say anything about a fine or penalty. This was all because of a small fire due to one in cargo I believe.
You are correct... the federal statutes have proposed language modifications to specifically include the prohibition of of e-cigarette use and apply the same fine levels as smoking that have not reached final approval in congress. It's coming soon though.
I've spoken with a couple of commercial pilots and an air marshal regarding this... The official guidance they've received from the DOT/TSA is to treat any incidents the same as smoking and charge them under the same federal statutes for smoking. Then let the courts sort it out. I haven't researched any court decisions... but my associates indicated that the courts may drop the smoking charge but most likely apply charges for interfering with a flight crew or disrupting flight operations which carries similar stiff fines and/or potential for jail time.
The point being... there may be a minor gap in the federal law but if caught
vaping you can still expect to be removed from the aircraft in handcuffs, detained and charged. That's just the beginning of far more expensive trouble for you.
This has nothing to do with a fire in a cargo area. Lithium batteries are prohibited in cargo internationally due to the fire risk. Therefore they're prohibited in checked luggage. Due to the proliferation of laptops, cell phones, etc... they allow them in the cabin. Still a risk... but one they chose to allow.
The vaping issue has more to do with the safety of the crew and passengers. At 30,000 feet fire is really bad in a pressurized cabin. Anything that produces smoke or anything that looks like smoke can cause immediate panic among the passengers and crew. The airlines don't want fire and don't want to have to sort out if someone is smoking or vaping... and then try to calm other passengers when they see smoke/vapor. It's a recipe for trouble all around... prohibiting all usage is the logical solution.
IMO it's naive to think a quick stealth vape in flight is no big deal... The implications are quite serious and could result in your loss of freedom, money, ability to travel in the future and if traveling on business most likely your loss of employment. Who wants to kick off a vacation in a jail cell..?