No particular legislation exists that directly prohibits eating/drinking and driving. The fundamental need in all the Australian jurisdictions is that drivers need to keep their vehicles in proper control at all times. The Road Rules 2014 (NSW) regulation 297 has laws that require that a driver should not drive when he or she does not have full control of the vehicle. Food consumption or drinking may also potentially divert a driver, reduce the reaction speed, and become in control of the vehicle, thus resulting into penalties should they result in unsafe driving.
One example is that if you eat or drink and drive with one hand, hold a drink or food in one hand, and attempt to use fewer fingers on the wheel, or otherwise impairs your ability to drive, the police can convict you of careless or negligent driving.
Real Cases and Penalties
It has been reported that drivers have been fined on occasions due to them eating whilst driving. In 2018, a woman was charged with driving without due care and attention and fined 300 and awarded three demerit points after eating a bowl of cereal whilst driving in Perth. This only goes to show that though the act itself is not illegal, it may result into the imposition of penalties on the wider body of laws that deal with traffic laws when it interferes with safety.
Careless driving fines based on distracting activities such as eating or drinking are approximately in the range of 481 and demerit points with higher penalty applied in school areas or when the action of a driver poses a risk.
Do you have a drink of coffee or tea as you drive?
Consumption of coffee or other non- alcoholic drinks is also not prohibited expressly. The oftrepeated case of $561 fine involving drinking and driving pertains solely to the act of drink-driving under the influence of alcohol or drugs and not soft drinks. Nevertheless, when you are distracted by the beverage and operate a vehicle that impairs your ability to drive, you may still get fines in the cases of careless or negligent driving.
There are some important lessons and precautionary measures to be noted
Eating or drinking in the process of driving is not illegal in itself, it should not distract you or make controlling a vehicle impossible.
– You should have both hands at the steering wheel as much as possible and your attention on the road.
– Do not work with sloppy and complex food and hot drinks that can lead to loss of control or spillage.
– There is also wide discretionary authority of police to punish distracted driving behaviors that lead to safety issues.
– It is better to eat or drink prior to driving or to stop and park in the event of necessity to avoid lawsuits.
Summary table can be found here, namely: Australia Eating and Drinking While Driving Laws 2025.
| Aspect | Details |
|---|---|
| Explicit Ban on Eating/Drinking | None in any state or territory |
| Key Legal Concern | Maintaining proper control of vehicle |
| Examples of Offenses | Careless or negligent driving due to distraction |
| Typical Fines | ~$300-$600 plus demerit points depending on state |
| Drinking Alcohol While Driving | Strictly illegal with severe fines and penalties |
FAQs
Question 1- Is it a crime to consume food whilst driving in Australia?
There is no law that directly prohibits eating, however, when it leads to unsafe driving or distraction, you can get a fine on careless or negligent driving.
**Q2: Is it possible to be fined on drinking coffee on the road?
There is no direct law that prohibits non-alcoholic beverages, however distraction due to alcohol use may result in the imposition of fines according to the law of careless driving.
Q3: What are the punishments in case of eating or drinking and then driving?
There may be fines of about 300 to 600 dollars, not to mention the demerit points especially when driving at a risky time or even in schools.