Different people ask if there are laws against eating, drinking, or smoking while driving in Australia. The simple answer is there are no laws that say you cannot do these activities. But there is a legal question that whether these activities can actually result in a driver losing proper control over a vehicle or not. Each State and Territory has a certain approach to these activities and there are various techniques and punishments for them.
| State/Territory | Typical Fine (AUD) | Demerit Points | Notes |
|---|---|---|---|
| New South Wales | $450 – $2,200 | 3 – 20 | Fines higher for school zones |
| Queensland | Up to $3,338 | Varies | Possible jail for serious cases |
| South Australia | Varies | Varies | High fines if minors present |
| Australian Capital Territory | Up to $8,000 | Varies | Large fines for smoking with children |
Summary of the Policies
no express prohibition but control is crucial Each State and Territory has different laws when it comes to eating and drinking while driving and smoking. So, it is within the legal permission of a driver to drink, hold a sandwich, or even smoke a cigarette while a vehicle is in motion. Even in this case, it depends on the case whether a person is able to control the steering wheel and the entire vehicle. A driver can be blamed and prosecuted if the officer is able to prove that the driver is being careless to a degree that there is a possible crash. Then the driver is stated to be driving without control or in a dangerous manner. This is the case when an individual is driving with one hand while munching on food or if the person is not able to concentrate on the road.
The Difference Each State Has Regarding Penalties.
The New South Wales area has any fines set of about $450 and considers a loss of control of at least 2 demerit points to eating or drinking. In Queensland, there is the possibility of fines greater than $3,300 and, in the most serious situations of dangerously distracted driving, incarceration. South Australia and the ACT impose additional fines for the presence of minors during the smoking of the vehicle, with the additional conditions imposed.
The following is a snapshot of sample fines for, and the loss of proper control of, as well as the consumption of, eating, drinking, or smoking while in a vehicle.
Special Considerations: Minor Smokers and Alcohol
The subject of smoking in the presence of an underage person in a motor vehicle is most jurisdictions considered an exaggerated violation. This often comes with the highest fines, which amount to $750 in the ACT. This demonstrates the importance of the health of minor children and attempts to prevent them from secondary smoking. The violation of drinking alcohol while in a motor vehicle is another.
Helpful Tips for Drivers
Following the law, drivers should be careful about multitasking while driving. Eating or drinking while driving even to the smallest degree can be dangerous. Also, smoking requires lighting and holding the things manually which makes the situation much more dangerous. The best thing to do in these scenarios is to eliminate distractions and safely pull over before partaking in any of these activities.
FAQs
1. Is it illegal to eat while driving in Australia?
No, it is not illegal to eat while driving, though if it leads to a lack of control or a distraction, there can be penalties.
2. Can I drink coffee while driving?
Drinks that are not alcoholic, such as coffee, are allowed, so long as holding a drink does not carefree the control of the vehicle.
3. What are the consequences of smoking while driving?
Smoking in a vehicle is not illegal; however, if there are children present in the car, the fine is much more severe, and there is a fine for being distracted regardless.
4. What if eating or drinking causes me to lose control of the car?
If eating or drinking causes dangerous driving, the driver can be fined as well as lose points for not driving in a controllable vehicle.
