Australia’s roads are about to get a little stricter—and a lot more consistent. Starting October 12, 2025, new national road safety guidelines are kicking in to clarify one of the most debated gray areas behind the wheel: Can you eat, drink, or vape while driving? Technically, yes—you still can. But with a big asterisk.
Under the updated framework, police officers across states will have clearer authority to penalize any behavior that distracts a driver—even if that means munching on a sandwich or sipping coffee.
The change doesn’t outright ban these actions, but it tightens how “careless” or “distracted” driving is defined, giving police more room to fine or charge motorists who lose control while multitasking.
New Driving Laws: Eating, Drinking & Vaping Explained
Eating, drinking, or vaping while driving remains technically legal across Australia, but the new October 2025 rules reinforce that these actions can’t interfere with full vehicle control. Police can issue fines if they believe your attention drifted from the road—even momentarily.
Think about it: one hand on your steering wheel and the other clutching a McMuffin. If that breakfast run causes you to swerve or brake suddenly, you could be slapped with a “driving without proper control” charge. The laws hinge less on what you’re doing, and more on how it affects your driving.
Under the updated guidelines, even vaping is being pulled into the distracted-driving discussion. Officers can treat vaping—especially if you’re fiddling with devices or blowing dense vapor that blocks your view—like any other source of distraction.
Here’s a snapshot of the fines and penalties across major states and territories:
| State/Territory | Typical Fine (AUD) | Demerit Points | Notes |
|---|---|---|---|
| New South Wales | $450 – $2,200 | 3 – 20 | Higher fines in school zones |
| Queensland | Up to $3,338 | Varies | Possible jail for serious offenses |
| South Australia | Varies | Varies | Harsher fines if minors are present |
| Australian Capital Territory | Up to $8,000 | Varies | Large fines for smoking with children |
(Data verified via state transport authorities including NSW Government Transport, QLD Department of Transport and Main Roads, and ACT Government).
How the Rules Differ Across States
Each state has its own spin on “distracted driving.” In New South Wales, eating or drinking while driving can earn you a $450 fine and up to 2 demerit points—more if you’re in a school zone. Queensland takes a tougher line, with potential fines soaring past $3,000 and even jail time if your distraction leads to serious danger.
South Australia and the Australian Capital Territory (ACT) have taken a firmer stance on smoking in vehicles, particularly with minors present. The ACT, for instance, can issue fines up to $8,000 for smoking with children inside the car—a clear message that protecting young passengers takes priority.
Interestingly, Victoria has not introduced new fines for eating or drinking per se, but officers there have broad discretion under “careless driving” provisions. Translation: if your donut lands in your lap and your steering veers, expect a ticket.
What the Law Says About Minors, Alcohol, and Smoking in Vehicles
Smoking or vaping in a car with minors isn’t just frowned upon—it’s illegal almost everywhere in Australia. States like NSW, SA, and the ACT enforce steep penalties, sometimes as high as $750–$8,000, for lighting up near children.
This crackdown aligns with broader public health laws, including those outlined by Health.gov.au, targeting secondhand smoke exposure. The intent is clear: kids can’t choose to avoid cigarette or vape smoke, so it’s the adult’s responsibility to protect them.
Similarly, drinking alcohol while driving—even if you’re below the BAC limit—is prohibited. Open-container laws make it an offense to have an open alcoholic beverage in the car, regardless of whether the driver is consuming it. For P-platers and L-platers, these restrictions are even tighter. They must maintain a 0.00 BAC at all times and can face license suspension for any violation.
P-Platers & Parents: What Changes for You
The new guidelines especially highlight P-platers (provisional drivers) and parents transporting minors. For younger drivers still under supervision or probationary licenses, police will apply zero tolerance for any form of distraction. Holding a vape, coffee, or sandwich could be enough to justify a penalty under the new interpretation of “lack of proper control.”
Parents also face enhanced scrutiny. If you’re smoking or vaping with kids in the car—even with windows down—you could face major fines and demerit hits. The message is blunt: kids first, cigarettes last.
Smart Driving Habits to Stay Legal in 2025
Let’s be real—modern driving can be chaotic. Morning rush, coffee in hand, phone buzzing. But with the new October 2025 rules, the safest route is to keep things simple: both hands on the wheel, eyes on the road.
- Pause before you sip: Pull over in a safe zone if you’re eating or drinking.
- Keep your car clean of distractions: No loose items, no reaching for dropped food.
- Avoid vaping or smoking in transit: Besides health implications, it’s legally risky.
- Set up your GPS and playlist before driving: No fiddling mid-journey.
The core idea isn’t to punish drivers—it’s to make sure “routine habits” don’t spiral into avoidable crashes.
Fact Check
Despite viral rumors suggesting Australia has banned eating or drinking behind the wheel, that’s false. No state or territory has introduced a direct ban. The October 2025 update simply clarifies enforcement powers around distracted driving. Official notices from NSW Road Rules 2014 (Part 10), Queensland Road Rules 2009, and ACT Road Transport Regulation 2017 confirm that while these behaviors aren’t banned outright, penalties can apply when control of the vehicle is compromised.
