Can you be fined for eating while driving?

It is possible to be fined for eating while driving but it does depend on how much the food is considered to be affecting the driver’s attention.

In 2018, a Perth woman made headlines when she was photographed holding and eating a bowl of cereal while driving on a busy road, and subsequently fined. She received three demerit points for driving without due care and attention.

While the law does not explicitly prohibit eating and drinking while in control of a vehicle, a driver can be penalised for ‘driving a motor vehicle without due care and attention,’ under Section 62 of the Road Traffic Act 1974.

Certainly not every instance of eating and drinking behind the wheel is likely to get you fined, but it’s advisable to avoid consuming any food and drinks while driving where possible.

Taking a hand off the wheel or your eyes off the road reduces your ability to react quickly to unexpected hazards.

Even sipping a coffee could significantly distract a driver and affect their ability to control a vehicle, particularly if it’s spilled.

At 60km/h if you glance away for just two seconds you will have travelled 33 metres without looking at what’s ahead of you.

Inattention, be it deliberate or not, is a significant cause of road trauma. Between 2020 and 2024, inattention-related crashes resulted in 435 people killed or seriously injured.