Is it legal to eat while driving in Australia?

We all know that chatting into your (hand-held) mobile phone while driving is illegal, and so is drink-driving. But what about other common activities? Like eating, for instance...

There's a short answer and a longer answer. The short answer is yes, it's legal to eat while you're operating a car.

In fact, by the letter of the law, you can also imbibe non-alcoholic drinks while behind the wheel and you can even apply make-up or shave without risk to your licence. Not that we recommend it.

But the longer answer throws in a wrinkle: While it's legal to eat when you're operating a motor vehicle, that act must not impair your control of the car.

A muesli bar held in one hand is something you can munch without necessarily placing at risk your own life and those of others. Fermented squid might be a different matter, however...

No one wants a slimy, raw aquatic creature sliding out from between two wooden sticks and falling in one's lap – particularly while negotiating peak-hour traffic with a cop car immediately behind.

As soon as the police detect that your control of the car is compromised, they'll nab you and charge you with the offence of driving while distracted (which goes by a different name in each of the states of Australia).

Hamburgers with the lot, gnocchi, sweet and sour pork... none of these comestibles are easy to eat while you're steering a car.

In fact, although eating while in control of a car is not an offence in itself, it's certainly not something recommended either – no matter how easy it may be.

Forget chips in a packet, they'll leave grease on your fingers and potentially reduce your grip on the wheel. Practically any finger food could pose a risk along these lines.

Victoria Police has made it clear that if eating or drinking non-alcoholic beverages interferes with your driving or causes an accident, you could be charged with careless driving.

The New South Wales government doesn't mention eating specifically, but states categorically that the driver must not drive a vehicle without "proper control" of the vehicle.

In Queensland, a Brisbane driver was fined $250 some years ago for eating McDonalds hot cakes and not exercising Proper Control of a Motor Vehicle. He pulled up alongside a police vehicle without holding the wheel in either hand.

In Western Australia, a woman was photographed eating breakfast cereal while on the road. Although the act of eating the cereal was not itself illegal, the driver's apparent lax control of the vehicle resulted in a penalty of $300 and a loss of three demerit points.

The Tasmanian government also singles out eating while in control of a car as risky behaviour that could lead to inattention, which would result in the driver paying a penalty if caught and convicted of the offence.

So the answer seems to be simple: don't be distracted by hunger pains and you won't be done for inattentive driving. No offence committed, no penalty, spotless licence.

The penalty should be deterrent enough, but the offence is also unsafe behaviour that could put your life and the lives of others at risk.

It might seem quite innocent and benign, but eating while operating a car should be placed in the same basket as drug driving – such is the level of risk from distraction.

Reflecting this, there is new legislation coming on distracted driving coming that will amend Australian road rules in line with recommendations made by the National Transport Commission (NTC). This will cover new tech like smartwatches, but also seeks to address "all sources of distraction while driving".

Guiding the NTC and the new legislation are findings such as:
• The risk of a crash doubles when a driver glances off the forward roadway for more than two seconds.
• Driver distraction is a factor in over 16 per cent of serious crashes on Australian roads.
• Drivers are engaged in a non-driving activity every 96 seconds.

Apart from the safety aspects associated with operating a car while distracted – feeding your face – there's a hygiene element too. No one wants their car to reek of stale old Maccas burgers.

Just wait the five minutes to get home or at least find a parking spot where you can eat to your heart's content without leaving grease on the steering wheel, the gearshift knob or controls for radio and climate control.

Don't forget to pick up the napkins with your fast food meal, either.

The person in the family who cleans the car will thank you for it...

Eating while driving – the take-outs:
• You could be fined or charged if eating while driving impairs your control of the car.
• You’re risking your own life as well as those of others if you get distracted – even for a second.
• It’s just not worth it. Pull over to eat your food, or wait until you get to your destination.

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