Is it illegal to eat or drink while driving?

In Australia, it isn’t illegal to eat and drive. But there’s a catch. If chowing down on a burger behind the wheel impairs you from having full control of your vehicle, you won’t just be eating a pickle. You’ll be in one, too.

While road rules differ from state to state, both New South Wales and Victorian road safety legislation clearly stipulate that a driver must not drive a vehicle unless that driver has proper control of the vehicle. Failure to do so will result in penalty units. 

So, what does this mean? Well, think of it this way. If you have a burger in your hand, will you be able to quickly manoeuvre your car away from a sudden hazard on the road? If you’re trying to unscrew the cap off your new bottle of fizzy drink, will your full attention be on the road ahead? Chances are, these actions will compromise your focus and reaction times, which could pose a risk to both your safety, and the safety of others on the road. Therefore, while eating isn’t technically an offence, not having full control of your vehicle, or being careless on the road, is. As such, you could be fined if police determine your sipping or snacking to be a dangerous distraction. 

Mobile phones are a known culprit when it comes to distracted driving, and using your phone comes along with huge risk. In fact, drivers are 10 times more at risk of crashing if they’re texting, browsing or emailing on their mobile. But what’s lesser known is that reaching down for a ‘quick snack’ is just as likely to take your eyes off the road as your phone is, and therefore, just as likely to get you in trouble. 

A publication of driver distraction safety topic FAQs by the Western Australian Government illustrates just how dangerous taking your eyes off the road really is. They shared that if you’re travelling down a road at 60km/h and you take your eyes off the road for just 2 seconds, you’re travelling blind for 33 metres. It goes without saying, it’s simply not worth the risk.

Whether you’re taking a short trip to a mate’s place down the road or taking a longer journey to the coast for a weekend getaway, don’t risk the distraction. Pull over, put your car in park and enjoy your snack with (or without) a view. After all, doing this could save you from an unexpected fine or something much worse. As the saying goes, it’s better to be safe than sorry.