Driving in Australia requires following strict road rules designed to protect both drivers and pedestrians. While most people know about speed limits, seatbelt requirements, and mobile phone restrictions, questions often arise about less obvious behaviours such as eating, drinking, or smoking while behind the wheel. With the updated road rules in 2025, many drivers are asking whether these actions are legal and what risks they may carry.
Eating While Driving
There is no direct law in Australia that explicitly bans eating while driving. However, the road rules make it clear that drivers must remain in full control of their vehicle at all times. If eating distracts you and leads to unsafe driving, police can charge you with driving without proper control or careless driving.
This could result in heavy fines, demerit points, and in some cases, even licence suspension. For example, if holding a burger or snack prevents you from keeping both hands on the wheel, it could be considered a breach of the rules.
Drinking Non-Alcoholic Beverages
Similar to eating, drinking water, coffee, or soft drinks while driving is not specifically illegal. But once again, the issue comes down to distraction. If sipping a drink causes you to lose focus, drift across lanes, or take your eyes off the road, you may be penalised.
Police officers have discretion in these cases and can issue fines if they believe your actions affected your ability to drive safely. It is always advised to pull over safely if you need to take a drink, especially during long drives.
Smoking While Driving
Smoking while driving is more complex under the 2025 rules. While smoking itself is not directly banned for drivers, strict restrictions apply if there are passengers in the car. It is illegal to smoke in a vehicle carrying children under the age of 16, with heavy penalties applying across all states and territories.
Authorities argue that second-hand smoke poses serious health risks to young passengers, and this law is strictly enforced. Even if you are smoking alone, you could still face penalties if lighting or handling a cigarette distracts you from proper vehicle control.
The Risk of Distraction
The updated 2025 rules highlight distraction as a major cause of road accidents in Australia. Authorities classify distractions into visual, manual, and cognitive categories. Eating, drinking, or smoking can fall into any of these categories if they cause drivers to take their hands off the wheel, their eyes off the road, or their minds off driving. Research shows that even a few seconds of distraction can be enough to cause serious accidents.
Penalties for Unsafe Driving
The penalties for distracted driving vary across states but generally include fines of several hundred dollars and the loss of demerit points. Repeat offenders or drivers involved in accidents due to distraction may face harsher consequences, including court appearances and licence suspensions.
The 2025 updates have increased enforcement in this area, meaning drivers are more likely than ever to be fined for unsafe behaviour caused by eating, drinking, or smoking while driving.
Safer Alternatives for Drivers
Authorities encourage drivers to take breaks on long trips instead of eating or drinking behind the wheel. Rest stops are widely available on highways, providing a safe place to enjoy food or refreshments. For smokers, stepping outside the vehicle is recommended to avoid both distraction and health risks for passengers. By taking these simple precautions, drivers can avoid fines while also ensuring the safety of everyone on the road.
Conclusion
The Australian Road Rules 2025 do not outright ban eating, drinking non-alcoholic beverages, or smoking while driving, but these actions can still lead to penalties if they affect a driver’s control of the vehicle. The focus is on safety and avoiding distractions that could cause accidents.
While it may be tempting to multitask behind the wheel, the risks far outweigh the convenience. To stay safe and avoid fines, the best approach is to keep your full attention on driving and take breaks when needed.