WHAT WAS CLAIMED
New legislation outlawed eating and drinking while driving.
OUR VERDICT
False. No new rules have been introduced targeting eating or drinking while driving and it is generally permitted provided it doesn't impact your control of a vehicle.
AAP FACTCHECK - New road laws have not outlawed eating and drinking while driving, despite viral claims on social media.
The posts appear to originate from engagement bait websites and no such new laws have been imposed.
"ILLEGAL TO SIP WATER WHILE DRIVING IN AUSTRALIA", one user posted.
"From October 10, 2025, new Australia- wide regulatiins (sic) have now classified eating and drinking (including sipping water or coffee) while driving as a punishable offence due to it being a form of distraction," they stated.
"Penalties may include fines, demerit points, and potential license suspension, depending on the specific offense (sic)."
Other posts put the fine at $1500 and some also mention vaping and point to supposed news articles detailing the offences.
The articles do not provide any evidence of a law change that comes into effect in October.
Contrary to the suggestion in the posts, road laws are not issued by the federal government and are instead legislated at state level.
Helen Venn from the National Transport Commission, an organisation that works to make road laws nationally consistent, said there had been no such law change in any state or territory.
"No changes like those described in the posts have been made or are planned to be made, so this is false," she told AAP FactCheck.
While there is no specific offence related to eating and drinking while driving, there are existing laws around distracted or careless driving.
For example, in NSW, Road Rule 297(1) states that "a driver must not drive a vehicle unless the driver has proper control of the vehicle".
If eating or drinking interferes in the driver's ability to control the vehicle, then they could be committing an offence and could face a fine, the NRMA explains.
"In extreme cases, drivers can also be charged with negligent driving if snacking distracts them and results in a crash. If it goes to court, the fine could balloon to a maximum of $2200," the NRMA explainer adds.
State transport authorities have also recently debunked similar claims in articles by News.com.au, 7News, Drive and Yahoo News.
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