If you’re running late or driving long distance, it can be tempting to gulp down a meal while you’re in the driver’s seat. However, eating or drinking while you’re driving can be more dangerous than you may think. A study by researchers from the Griffin Health Institute found that eating while driving is just as dangerous as sending text messages, and increases your chance of an accident on the road1.
While Australia has no specific laws against eating and drinking non-alcoholic beverages behind the wheel, but if you’re distracted while driving, you could face a fine and demerit points. In fact, this was exactly what happened to a Perth woman in 2018, who was fined for eating cereal with a spoon while driving. See the applicable rule and penalty for each state in the table below.

Swipe to view more
State |
Rule and Penalty |
NSW |
Drivers who are eating or drinking could be given a penalty for not having proper control of their vehicle. In extreme cases, drivers can also be charged with negligent driving if snacking distracts them and results in a crash. Fine: $448 Demerits: 3 points |
QLD |
It’s against the law to drive without due care and attention. The Queensland Department of Transport has been targeting driver distraction, with new laws such as an increase in penalties for mobile phone use. Fine: up to $4000 Demerits: 3 points |
NT |
Eating and drinking may be considered “driving in a dangerous manner” if it has a negative or dangerous impact on your driving. Fine: $500 Demerits: 3 points |
WA |
Drivers who are eating or drinking can be given a penalty for careless driving. Fine: $600 Demerits: 3 points |
SA |
Drivers who are eating or drinking could be given a penalty for not having proper control of their vehicle. The SA Driver’s Handbook explicitly lists eating and drinking as distractions that can take the driver’s attention away from the road. Driving without due care and attention can result in a penalty. Fine: $184 Demerits: 2 points |
ACT |
Drivers who are eating or drinking could be given a penalty for not having proper control of their vehicle. You can also be given a harsher penalty for negligent driving if your eating results in a crash. Fine: $292 Demerits: None |
TAS |
Drivers who are eating or drinking could be given a penalty for not having proper control of their vehicle, or driving without due care and attention. The Tasmanian Government guidelines for novice drivers instructs drivers to avoid eating or drinking while driving, as it distracts from the road. Fine: $163 Demerits: 3 points |
VIC |
If eating or drinking interferes with your driving or causes an accident, you could be charged with careless driving. Fine: $387 Demerits: 3 points |
The information in this article is current as of the 23rd April 2021. Laws and penalties may have changed since this article was created.
Visit car insurance to learn about the different types of car insurance we offer.
The information above comes from the following additional sources:
- Mylicence.SA, Driver Distraction and Inattention, viewed April 2020, https://mylicence.sa.gov.au/road-rules/the-drivers-handbook/distraction
- Sunshine Coast Daily, Is eating while driving illegal in Australia?, viewed April 2020, https://www.sunshinecoastdaily.com.au/news/eating-behind-the-wheel-in-australia-could-cost-yo/3579624/
- Transport Tas, Traffic Offences – Full List, viewed April 2020, https://www.transport.tas.gov.au/licensing/offences/traffic_offences/lister_full
- Transport for NSW, Search Demerit Point Offences, viewed April 2020, https://www.rms.nsw.gov.au/cgi-bin/index.cgi?action=demeritpoints.form
- Vicroads, Demerit Point Offences, viewed April 2020, https://www.vicroads.vic.gov.au/licences/demerit-points-and-offences/demerit-offences
- Mylicence.sa, Offences and Penalties, viewed April 2020, https://mylicence.sa.gov.au/road-rules/offences-and-penalties
- Transport WA, Driving Offences, viewed April 2020, https://www.transport.wa.gov.au/licensing/driving-offences-speeding-alcohol-and-traffic.asp
- NT.GOV.AU, Traffic Offences and Penalties, viewed April 2020, https://nt.gov.au/driving/driving-offences-and-penalties/traffic-offences-and-penalties
- Queensland Government, Demerit Points Schedule, viewed April 2020, https://www.qld.gov.au/transport/safety/fines/demerit/points
- Eating while driving is more dangerous than you thought
https://www.sbs.com.au/news/eating-while-driving-is-more-dangerous-than-you-thought
We're here to help
Give us a call, or send us a message.
Follow us on
Any advice here does not take into account your individual objectives, financial situation or needs. Terms, conditions, limits and exclusions apply. Before making a decision about this insurance, please consider the relevant Product Disclosure Statement (PDS)/Policy Wording and Supplementary PDS (if applicable). Where applicable, the PDS/Policy Wording, Supplementary PDS and Target Market Determination (TMD) for this insurance are available on this website.
Allianz Australia Insurance Limited ABN 15 000 122 850 AFS Licence No. 234708 is the insurer of any general insurance products offered on this website.
Allianz Australia Life Insurance Limited ABN 27 076 033 782 AFS Licence No. 296559 is the insurer of any life insurance products offered on this website.