Eating while driving laws in NSW
Is it legal to eat while driving?
It’s a common question.
After all, you don’t want to get pulled over because of a late-night Maccas Run.
So, can the police pull you over for eating behind the wheel?
NSW Road Rules (Eating While Driving)
While there is no specific road rule prohibiting drivers from eating while behind the wheel in NSW, drivers may still find themselves being pulled over by police if they appear to be distracted.
Drivers caught snacking behind the wheel may be liable under Rule 297 of the Road Rules 2014 (NSW). Rule 297 states that a driver must not drive a vehicle unless the driver has proper control of the vehicle.
Drivers found in contravention of this rule commonly face a $448 fine.
In 2018 a Perth woman incurred 3 demerit points and a $300 fine for “driving without due care and attention” (the WA version of the offence) while eating a bowl of cereal while driving.
In more serious circumstances, drivers may be charged with negligent, furious or reckless driving.
Negligent driving
Negligent driving is an offence under section 117 of the Road Transport Act. The offence is broken up into three different levels of severity, which are as follows:
- Negligent driving not occasioning death or grievous bodily harm
- Negligent driving occasioning grievous bodily harm
- Negligent driving occasioning death
The maximum penalties range from a fine and licence disqualification to a term of imprisonment, depending on the severity of the offence.
Key Takeaways
- NSW lacks a specific rule against eating while driving, but doing so may lead to fines if it interferes with vehicle control.
- Rule 297 of the Road Rules 2014 (NSW) is often cited, with a standard fine of $448 for not maintaining control due to distractions like eating.
- Negligent driving charges can escalate in severity, potentially leading to imprisonment, especially if eating while driving results in harm.
Charged with a traffic offence?
Our lawyers are highly experienced in defending traffic matters. If you need advice or representation for a traffic matter, contact Hamilton Janke Lawyers 24 hours a day, 7 days a week on 4038 1666.
Written By
James Janke
James Janke is founding partner at Hamilton Janke Lawyers, and has more then decade of experience as a Criminal Defence Lawyer. Admitted to both the Supreme Court of New South Wales and High Court of Australia
