When you’re driving, it’s a common sight to see a range of other drivers either eating, drinking or smoking while behind the wheel of their car.
And though some road authorities might not generally blink twice if you’re holding a handful of fries, or taking a sip from your drink bottle, it’s worth mentioning you could technically be breaching various road rules.
If you need a refresher on the penalties for eating, drinking or smoking while driving a car, here’s everything you need to know.
Disclaimer: This article does not constitute legal advice and serves as a general guideline only.
Can you legally eat, drink or smoke while driving in Australia?
Yes, and no, it depends on the context. While there are no specific offences for eating, drinking non-alcoholic beverages, or smoking while driving in Australia, other road rules could apply.
For example, eating food or drinking water that results in a driver losing control of their vehicle is an offence across all Australian states and territories.
Depending on which state and territory where the offence took place, the responsible driver could be fined hundreds and/or thousands of dollars.
In Victoria, failing to have proper control of a car can incur a five-point penalty currently valued at $1017. Meanwhile, the same offence in New South Wales carries more weight, with guilty offenders faced with a maximum fine of $2460.
A Queensland Transport and Main Roads spokesperson previously told Drive, “While there are currently no laws prohibiting drivers from eating while driving, it is up to the driver to ensure they remain in proper control of the vehicle and sufficiently alert to the road environment”.
Failing to abide by Queensland’s road rules can attract fines reaching up to $3338. Guilty offenders in South Australia can be fined $228 for not having proper control of a vehicle.
In Western Australia, “driving without proper care and attention” can lead to a $300 fine and three demerit points. Meanwhile, in Tasmania, drivers who fail to properly control their car can incur a maximum penalty valued at $2050.
The same offence carries a maximum fine of $3200 in the Australian Capital Territory. The Northern Territory says it is an offence to lose control of a vehicle, but it did not state the penalties that could apply to offenders.
Is it illegal to smoke while driving?
It depends on the situation. Across all Australian states and territories, there are no specific laws banning drivers from smoking or vaping while they're alone in the car. However, it is illegal to smoke in a vehicle if there's a minor present in the car.
But the legal age requirement of what the laws consider to be children does play a factor in what could be considered a violation, of which the penalties are listed below.
Additionally, in some states like Queensland they have laws prohibiting smokers from smoking in a vehicle during work if there is another person present in the vehicle.
Ethan Cardinal graduated with a Journalism degree in 2020 from La Trobe University and has been working in the fashion industry as a freelance writer prior to joining Drive in 2023. Ethan greatly enjoys investigating and reporting on the cross sections between automotive, lifestyle and culture. Ethan relishes the opportunity to explore how deep cars are intertwined within different industries and how they could affect both casual readers and car enthusiasts.
