You can legally eat, drink & smoke while driving in Australia. No specific laws ban these actions. However police can still give you a ticket if these activities make you drive badly or lose control of your car. Each state in Australia handles this issue differently and has its own rules about distracted driving. The fines and penalties also vary depending on where you are. The main concern is not about the eating or drinking itself but about staying focused on the road & driving safely. New Rules Has been implemented by October 10 this month.

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 |
New Driving Laws: Eating, Drinking & Smoking Explained
You can eat drink & smoke while driving in Australia but you need to be careful. The rules are different in each state but most allow these activities if you can control your car safely. Police can give you a ticket if they think you’re not driving safely because you’re distracted by food or drinks. For example if you drive with just one hand while eating a burger or if you spill your coffee and lose focus on the road you might get in trouble. The main point is that you must always keep good control of your car. If police think your eating or drinking makes your driving dangerous they can charge you with careless driving. So while these actions aren’t banned you need to be smart about when and how you do them while driving.
How Road Rules Vary Across Australian States & Territories
Drivers in New South Wales face $450 fines & lose 2 demerit points for eating or drinking while driving. Queensland has tougher rules with fines up to $3300 and jail time for very dangerous distracted driving. In South Australia and the ACT you get extra fines if you smoke in a car with children. These rules aim to stop people from eating drinking or smoking while driving because it’s unsafe. The fines & penalties help make sure drivers stay focused on the road.

What the Law Says About Minors, Alcohol, and Smoking in Vehicles
Smoking in a car with children is a serious offense in most places. Many regions have strict laws against this behavior because it can harm kids’ health through secondhand smoke. The fines are often very high and can reach $750 in some areas. These rules show how important it is to protect children from tobacco smoke in small spaces. Similar rules exist for drinking alcohol in cars which is also illegal. The laws aim to keep children safe and healthy while traveling. Both smoking and drinking in cars put young passengers at risk and that’s why the penalties are tough. These rules help prevent health problems in kids who can’t choose to avoid the smoke.
Driving laws change for older 70 Plus Australians: What Seniors Must Prepare for in October 2025
Smart Driving Habits to Stay Legal & Safe in 2025
Drivers need to focus on the road & avoid doing other tasks while driving. Eating and drinking behind the wheel can lead to accidents even if it seems harmless. Smoking is even more risky because you need to light up and hold the cigarette while driving. The safest choice is to stop the car in a good spot before you eat drink or smoke. This way you can stay safe & follow the rules of the road. It’s better to take a short break than risk getting into trouble on the road.
What are the new Australian road regulations for P-Platers and parents?
Rules on eating, drinking, and vaping while driving enforced from October 10, 2025.