Drivers are being urged to practice caution when reading about road rule changes from untrusted sources after Australian transport authorities were forced to debunk claims that eating, drinking and smoking behind the wheel would incur hefty fines.

An online article claimed motorists in four states would face fines worth thousands of dollars if caught eating, drinking or smoking while driving from October 10.

The article falsely reported that drivers in New South Wales could face maximum fines of $2,200 and up to 20 demerit points, while Queenslanders would cop $3,338 and those in the ACT would face $8,000 fines. It also noted South Australians would cop fines.

It’s the latest article to ignite panic over misinformation and criminal defence lawyer Avinash Singh told Yahoo News this sinister trend is having real-life impacts on drivers and the legal system more broadly.

“The biggest danger attached to people believing AI-generated articles is that a person may erroneously think that a particular action is legal or illegal,” the lawyer from Astor Legal told Yahoo News.

“It is more of an issue when AI articles erroneously suggest actions are legal. People who rely on this will end up committing criminal offences.”

He explained there is a common principle that “ignorance of the law is no excuse”, meaning there is no defence available to drivers who read AI-generated content and take it for fact, or present it in court. In the last 12 months, Singh said he has seen a “significant increase in the spread of misinformation” through AI.

“Given how easy it is for misinformation to be propagated in today’s climate, there is a greater need to be vigilant about what sources people are relying on for legal matters,” he said.

A driver drinks a coffee behind the wheel (left) and a busy highway with vehicles driving away from the camera (right).

Authorities have debunked false reports that drivers now face hefty fines for eating, drinking and smoking behind the wheel. Source: Getty

Road rule misinformation catching drivers out in court, lawyer says

AI-generated misinformation has become such an enduring issue among drivers self-presenting in court that the Supreme Court of NSW has prohibited its use in any court preparation, Singh explained.

“There have been a number of recent cases where self-represented litigants have referred to entirely fictitious cases due to their reliance on AI,” Singh said.

“It is an issue that has become so prevalent that the Supreme Court of NSW has issued a direction that AI cannot be used in the preparation of affidavits or submissions that a party relies on.

Authorities debunk road rules spread by AI-generated articles

The National Transport Commission (NTC) told Yahoo News the article about eating, drinking and smoking behind the wheel was untrue and should be disregarded by Australians.

“There are no proposed changes to the model Australian Road Rules relating to this,” a spokesperson for NTC told Yahoo.

Queensland’s Transport and Main Roads Department (TMRD) and Transport for NSW (TfNSW) also confirmed these alleged rules and fines were unfounded.

“Reports of new road rules relating to eating, drinking non-alcoholic beverages, and smoking while driving are fake,” a TMRD spokesperson told Yahoo. The TfNSW confirmed there were “no changes to road rules” and the story was “false”. Yahoo News has reached out to SA’s Department for Infrastructure and Transport for comment.

The article comes after Western Australian authorities were forced to step in and discredit reports that drivers aged 60 and over would be subjected to a driving curfew last month, with more AI-generated articles doing the rounds on social media and causing a frenzy.

What are the driving rules around eating, drinking and smoking?

While there are no new road rules around eating, drinking and smoking behind the wheel, these behaviours all come under the offence of ‘distracted driving’ in Australia. States and territories have different rules and penalties for driving while distracted.

In Queensland, the three behaviours are allowed behind the wheel as long as the driving is “careful and maintains attention and proper control” of the vehicle, according to TMRD.

“While eating, drinking non-alcoholic beverages, and smoking while driving are not illegal, we always recommend drivers minimise any potential distractions and stay focused on the driving task,” The TMRD spokesperson continued.

It is illegal to smoke in a vehicle if there are children under the age of 16 travelling in the car, and careless driving can land a driver with an on-the-spot fine of $667 and three demerit points.

Drivers in NSW must keep proper control of a vehicle and, if eating or drinking causes a lack of control, they can face a $481 fine and three demerit points. Smoking in the car with a child aged under 16 can incur an on-the-spot fine of $250.

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