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Is it illegal to eat while driving in Australia?


There’s nothing better than a quick trip through Maccas driving past for a cheeky burger on the way home, right? Even if it puts you, your passengers, and other road users in danger, it can also make your interior a McRoyal mess when you inevitably drop a slice of tomato stir up your seat.

  • Eating while driving is not illegal
  • You need to make sure to maintain control of the vehicle
  • Stop for five minutes to finish your burger – it can save you a lot of money

Research has found that while texting and driving are easy to distract, trying to fill your cravings with nice things can be similarly distracting. Indeed, it is possible that the generic term “distracted driving” could expand to include eating while driving in some jurisdictions.

There’s no federal law on this, but here’s a brief list of state laws that may affect you if you’re a motorcycle addict.

NSW – Sydney

There are no specific laws about eating while driving in New South Wales, but depending on the case, motorists can be charged with negligent driving if they are found to be putting their own and others’ lives at risk. another in a dangerous situation.

The maximum penalty for negligent driving for a first-time offender is $3300 or 18 months in prison. You may also lose your license for life.

Queensland – Brisbane

Eating while driving isn’t illegal in Queensland, but if things go awry, you could be in conflict.

A Facebook post by Queensland’s Department of Transport and Main Roads in late 2022 gained a bit of attention, showing how road rules around “appropriate vehicle control” could be construed. in such a way that if you’re driving, eating, and considered out of control or “driving without care and attention”, you can handle a little fat just fine.

Amount of money? $575 and three minuses. The post alludes to the view that having only one hand on the wheel, or looking far ahead, are dangerous parts of that situation. “You better pull over to a safe place to enjoy that bread!”, the post concluded.

Victoria – Melbourne

The state that has some of the strictest rules for roads and some of the most aggressive technology for catching wrongdoers, has yet to have a “sambo orange.” And eating while you drive there is not illegal. Not yet, anyhow.

South Australia – Adeliade

There are no specific laws in SA regarding eating and driving. But there are rules that can be left open to interpretation, if something unexpected happens while you’re eating some leftover pizza on Hutt Street.

The state road rules handbook outlines distractions that can be dangerous while driving, including but not limited to eating, drinking, smoking and even talking to fellow passengers. other. The government’s Towards Zero Together initiative goes even further, categorizing four main categories of driver distraction:

  • Sight – the things you see
  • Hearing – what you hear
  • Physical – things you do with your hands
  • Perception – what you think about

“To anticipate and avoid road hazards, drivers must stay focused at all times,” says a website from the SA government’s transport and infrastructure department. “Taking your eyes off the road or diverting your attention even for a few seconds can be fatal.”

ACT –Canberra

Driving without proper control – that’s a phrase that can land you a $279 fine if you’re caught driving while eating and the police think you weren’t paying as much attention as you should have, specifically. You may lose control of your vehicle. Then go easy on Kingsley’s in the Australian Capital Territory.

NT – Dac Uyen

Have you ever seen someone eat a bowl of cereal while driving? I have, and so does Sgt. Garry Smith, who told the Northern Territory News about it. He has a strong — arguably true — view of chewing popcorn in your car: “Don’t do it — you don’t have effective control of the vehicle,” he says.

The NT’s Driving Safety Checklist even has a score on it: “Rest and pull over rather than eating, drinking, smoking or grooming while you’re driving.”

WA – Perth

Another instance of Weet-Bix crashing. A Perth woman was charged in 2018 with eating cereal while driving – in fact, she was accused of driving without due care and attention. But it’s a pretty clear precedent to eat the pastry before you leave the house, or at least turn it into a piece of toast instead. She was fined $300 and three demerit points.

tasmania – Hobart

Apple Isle is a great place to drive and dine, but don’t do both at the same time. There is a possibility that if you are caught, you may be fined and deducted points for eating while driving. Again, it falls under the category of “control your vehicle properly” or “driving without due care and attention,” and the consequences for your wallet will be a $173 fine and three minus points.

Not intended as legal advice. Check with the relevant road authority in your state or territory.

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