Can I eat whilst driving?

Jul 23 2020

Rushing to an appointment, stuck in traffic or just hangry (whilst indulging in wonderful and tasty eating) – we have all been guilty of eating whilst driving!  For the more experienced driver eaters, some manage to scoff down a large big mac meal or even pick at last night’s pasta with a plastic fork.

So, is eating whilst driving legal?

As with most things legally speaking in Australia, the answer is yes and no.

Whilst in New South Wales there are no laws that specifically relate to eating whilst driving, hold your bite until you read this:

The New South Wales Road Rules 2014 section 297 states a driver must have a proper control of their vehicle.  Failure to do this could cost you $433 and three demerits  (that’s over 1000 KFC nuggets, or 66.7 Mcdonalds bacon clubhouse burgers or 78 feet of Subway with a meatball marinara, yummm).

As with most things legally speaking in Australia, the answer is yes and no.

Police investigate these offences on a “case by case basis” and you can get into a lot of trouble if you cause an accident whilst eating or are driving erratically whilst eating even if you haven’t broken any road rules.  A special note for the ladies – the same goes for putting makeup on too.

Furthermore, if you are in the unfortunate enough scenario of causing an accident whilst eating, this can be taken into consideration in determining who is at fault.

So, our advice would be to consider the dangers of eating whilst driving (and not do it) but more importantly remember that if you dine in at any fast foot outlet, you can leave the rubbish there and how good is that?

As Criminal Defence Lawyers with over 27 years experience, contact Maspero Legal today on 02 8052 3322 or for a complimentary and confidential discussion.