In 2025, Australia’s road rules are becoming stricter regarding driver distractions. Many drivers wonder whether eating, drinking, or smoking while driving is illegal. Although it’s not directly banned under national laws, police can still fine you if these actions distract you from safe driving. Each state and territory may have slightly different penalties for driving without proper control of the vehicle. Let’s understand the latest 2025 Australian road rule changes regarding eating, drinking, and smoking while driving, and how they could affect your licence and fines.
Is Eating or Drinking While Driving Legal in Australia?
Eating or drinking (including coffee or water) while driving is not explicitly illegal in Australia, but it can lead to fines if it distracts the driver or causes a loss of control. Police officers have the authority to issue a fine or demerit points if a driver is seen taking both hands off the wheel or failing to concentrate on the road. For example, in New South Wales and Queensland, penalties can reach up to $561 for “driving without proper control.” The law focuses on safety rather than the act itself.
- Drivers must maintain full control of the vehicle at all times.
- Officers can issue fines if eating or drinking causes distraction.
- Each state’s fine amount varies based on local traffic regulations.
Smoking While Driving in 2025: New Australian Rules
Smoking inside a car is not banned outright for adult drivers, but strict rules apply if passengers under 16 or 18 are present. In most states, including Victoria and South Australia, smoking in a vehicle with minors is illegal and can attract heavy fines exceeding $250. The rule aims to protect young passengers from second-hand smoke exposure. In 2025, road safety campaigns are also encouraging drivers to avoid smoking while driving to prevent distraction and to ensure both hands remain on the steering wheel.
- Smoking with minors in the car is illegal in all states.
- Fines range from $250 to over $500 depending on the region.
- Officers can still fine for “not having proper control” while smoking.
Can You Drink (Non-Alcoholic) Beverages While Driving?
Drinking water, coffee, or soft drinks while driving is not illegal, but police may fine you if it interferes with vehicle control. Taking a sip is generally fine, but spilling coffee or reaching for a bottle can cause distraction and lead to accidents. In 2025, Australian road safety authorities are stressing “hands on wheel, eyes on road” campaigns, reminding drivers that distraction is among the top causes of accidents. Alcoholic drinks are, of course, strictly prohibited while driving and carry severe penalties.
- Non-alcoholic drinks are allowed if handled safely.
- Distraction-related fines apply if control is compromised.
- Alcohol consumption while driving is a criminal offence.
Penalties and Fines for Distracted Driving in Australia 2025
In 2025, distracted driving laws are being reinforced with higher fines and more demerit points. Whether you’re eating, drinking, or smoking, any act that distracts you can result in penalties. Using one hand to eat or hold a cup can lead to loss of concentration and potentially cause accidents. Authorities advise drivers to stop safely if they need to eat or smoke. Here’s a summary of fines and penalties for distracted driving across Australian states.
| State/Territory | Offence Description | Penalty (Approx.) | Demerit Points |
|---|---|---|---|
| New South Wales | Driving without proper control (eating/drinking) | $561 | 3 Points |
| Queensland | Distracted driving due to food/drink | $619 | 3 Points |
| Victoria | Failure to have proper control of vehicle | $555 | 3 Points |
| South Australia | Smoking in car with child | $305 | — |
| Western Australia | Negligent driving due to distraction | $300–$600 | 3 Points |
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FAQs: Eating, Drinking, and Smoking While Driving in Australia
1 – Can I eat while driving in Australia?
Yes, but only if it doesn’t affect your control of the vehicle.
2 – Is smoking while driving illegal?
It’s illegal if minors are present, or if it causes distraction.
3 – Can I drink coffee while driving?
Yes, but fines apply if you’re distracted or lose control.
4 – What’s the fine for distracted driving?
It can go up to $619 and 3 demerit points depending on the state.
