Many Australian drivers wonder whether it is legal to eat, drink, or smoke behind the wheel. At first glance, the answer appears simple: there are no road rules in Australia that explicitly prohibit these activities. However, the issue is not so straightforward. The real legal question is whether these actions can cause a driver to lose proper control of their vehicle. In 2025, authorities across the states and territories made it clear that while sipping coffee or having a snack in the car is not outright illegal, it can still lead to hefty fines if it distracts the driver or results in careless driving.
What the Law Actually Says
Australian road laws are designed around the principle of maintaining proper control. Driving laws do not specifically ban eating, drinking soft beverages, or smoking while driving, but police officers can fine motorists if such actions clearly interfere with their ability to drive safely.
For instance, if a driver is holding a sandwich with one hand and steering with the other in a way that suggests poor control, they may be fined for careless driving or driving without proper control. Similarly, if smoking distracts the driver to the point where lane discipline is affected or attention is diverted, it could result in a penalty.
So, while the law gives drivers the freedom to eat, drink, or smoke in vehicles, they are still accountable if safety standards are compromised.
State and Territory Penalties
Although there is no national law against eating or smoking in the car, states and territories enforce distracted driving rules in slightly different ways.
| State/Territory | Typical Fine (AUD) | Demerit Points | Notes |
|---|---|---|---|
| New South Wales | $450 â $2,200 | 3 â 20 | Higher fines apply in school zones |
| Queensland | Up to $3,338 | Varies | Jail possible for serious careless driving |
| South Australia | Varies | Varies | Heavier fines if minors present when smoking |
| Australian Capital Territory (ACT) | Up to $8,000 | Varies | Large fines for smoking with children in car |
These fines reflect the seriousness with which authorities treat distracted driving. In particular, the ACT and Queensland impose some of the harshest penalties if behaviour endangers passengers or involves minors.
Why Proper Control Matters
Road safety experts note that distraction is one of the leading contributors to accidents in Australia. Even minor distractions like drinking water or unwrapping a snack can reduce a driverâs reaction time.
Examples include:
- A driver spills coffee in their lap and swerves into another lane.
- Lighting a cigarette forces the driver to take one hand off the wheel and eyes off the road.
- Trying to open food packaging diverts attention from monitoring traffic.
In these situations, fines and demerit points may be enforced not because of the specific act but because of the loss of full control.
Smoking Around Minors: Added Restrictions
One area with much stricter rules is smoking inside a car with children. Most Australian states prohibit smoking in vehicles where minors are present, recognising the health risks of second-hand smoke.
For example, in the ACT, smoking in a car with a child present can result in fines upwards of $750. This highlights how lawmakers view child safety as paramount. Similar rules are enforced across other states, with parents and guardians carrying the responsibility for protecting young passengers.
Alcohol and Driving in Context
It is worth noting that while drinking water or soft drinks is allowed behind the wheel, consuming alcohol while driving is not permitted. Even if the driverâs blood alcohol concentration is below the legal limit, drinking alcohol inside a moving vehicle is generally considered illegal or may lead to suspicion of impaired driving. Police can intervene and assess sobriety on the spot.
This distinction separates alcohol from everyday food or beverage consumption and reflects Australiaâs strict stance on drink-driving.
How Officers Decide on Penalties
Police officers have the power to use their discretion. If they believe a driver is unsafe because of eating, drinking, or smoking, they may issue an infringement notice. Evidence such as erratic steering, late braking, lane drifting, or failing to follow traffic signals could support such enforcement.
In more severe cases where unsafe behaviour risks an accident, charges of dangerous or reckless driving can be applied, which carry higher fines and even the possibility of jail time.
Helpful Tips for Drivers in 2025
While eating or smoking in the car is not outright illegal, the safest approach is to treat driving as a focused task. Drivers are advised to:
- Avoid eating or drinking while the car is moving.
- Pull over safely to a rest area if you need to eat, smoke, or make a call.
- Prepare drinks and snacks before long trips to avoid distraction.
- Use cup holders properly to limit spills or fumbling while driving.
- Never smoke with children in the vehicle to avoid health risks and penalties.
Eliminating distractions is not just about avoiding fines. It reduces the risk of accidents and protects everyone on the road.
Public Awareness and Road Safety Campaigns
Road authorities in different states have launched campaigns highlighting the risks of distracted driving. Similar to mobile phone enforcement, the aim is to encourage behavioural change rather than simply issue fines. By educating drivers about the potential consequences of multitasking behind the wheel, these campaigns hope to lower crash rates.
In Queensland, for example, police messaging emphasizes that eating or grooming while driving counts as driver distraction, while in New South Wales, officers frequently patrol school zones with tighter restrictions to protect children during busy rush hours.
Final Thoughts
In 2025, the legality of eating, drinking, or smoking while driving in Australia comes down to one principle: whether you remain in full control of your vehicle. Although there is no specific ban, state and territory laws allow police to penalise unsafe behaviour if multitasking leads to distraction.
With fines ranging from $250 in South Australia to $8,000 in the ACT, drivers should think carefully before unwrapping food or lighting a cigarette while the car is in motion. The message is clear: driving should remain the main focus, and distractions should be avoided to ensure safety for everyone on the roads.