Is it illegal to eat and drive?

The answer to is it illegal to eat and drive is... yes and no. See, it depends on which Australian state or territory you’re in but also if the eating is causing you to not have full control of your vehicle. 

Not being in full control of the vehicle when you’re driving can see you fined and be hit with demerit points and this general rule goes for all of Australia.

An activity which is either distracting or prevents you from operating the vehicle adequately, especially in the case of an emergency, can see you lose points off your licence and be fined heavily.

So, whether it’s holding a phone and texting or finishing off a bowl of cereal, if you’re doing it while driving then not only is it not allowed but it’s dangerous.

We know what you’re thinking - surely everybody has at some point enjoyed a chocolate bar, a packet of chips or a piece of fruit while driving? And you’re probably right, but again it comes down to the activity affecting the safe operation of the vehicle and this means any action which takes a hand off the steering wheel and your eyes off the road.

Different states in Australia also have different penalties for distracting activities such as eating. Here’s how it varies around Australia.

Is it illegal to eat and drive in Queensland?

The answer is no, but before you leap into your car and unwrap a kebab be aware that if the police deem your eating to also be a serious distraction to your driving a fine of $575 and three demerit points can be imposed.

Is it illegal to eat and drive in New South Wales?

The answer is no for NSW, too. But if whatever you are eating is deemed by the authorities to cause you to drive without proper control of the vehicle the fine handed to you is $544 and three demerit points. 

Is it illegal to eat and drive in Victoria?

There is no law in Victoria which specifically says somebody can’t eat and drive, but careless driving is an offence which comes with three demerit points and a fine of $2000 for a first time offender. If you are charged with careless driving, not only will you have to pay the fine and lose the points, but you’ll also be expected to attend a safer driving course.

Is it illegal to eat and drive in the Australian Capital Territory?

Nope, it’s not illegal to eat and drive in the ACT but (and it’s always a big but for every state and territory in Australia for this type of offence) if your munching means you’re also driving carelessly you could be hit with three demerits for negligent driving.

Is it illegal to eat and drive in Tasmania?

No it’s not illegal to eat and drive in Tasmania but as with the other states if the authorities see it as driving without due care and attention it’s three points off your licence and a $195 fine.

Is it illegal to eat and drive in South Australia?

South Australia doesn’t muck around when it comes to driving recklessly and if your eating and driving is considered to be just that you’ll be hit with six demit points and a fine of more then a $2500. As with all the states, but especially South Australia, the best advice is do not eat and drive. 

Is it illegal to eat and drive in Western Australia?

Western Australian authorities will take three points off your licence and hand you a $300 fine if they see you eating behind the wheel and consider it to be careless driving.  

Is it illegal to eat and drive in the Northern Territory?

It’s not illegal to eat and drive in the Northern Territory, but as with all of Australia, if the police see your eating as distracting you from driving then you could be hit with a $300 fine and three demit points.

So, there you have it. It’s not illegal to eat and drive on public roads in Australia, but if the authorities deem your food intaking to affect the proper and safe operation of your vehicle your dining on the go could result in a careless or reckless driving charge potentially with big big fines and even a loss of licence.

And let’s be real here, it's a safety issue. You’re piloting a couple of tonnes of metal that will kill or seriously injure a pedestrian if the worst was to happen, just because you could wait to eat or just pull over and finish your salad. The best advice is not to eat and drive at all anywhere in Australia.

If you’re worried about your insurance policy covering you while you eat and drive, double-check in the Product Disclosure Statement (PDS) for your policy from your insurer. The PDS will outline exclusions and explain how your actions while driving could affect a claim being paid. 

Probably the best thing about autonomous vehicles coming our way down the track is being able to eat while the car drives itself. Until then, put down the burger or pull over. 

This article is not intended as legal advice. You should check with your local road authority to verify the information written here is suitable to your situation before driving in this manner.