Truth behind claims of Australia-wide laws cracking down on common driving acts

Online articles claiming new nationwide road rules will crack down on distracted driving have been dismissed as false.

The articles claim new laws are being introduced throughout October which will class eating, vaping, smoking or even drinking non-alcoholic beverages as a “serious distraction” while driving — with fines of $561 and up to three demerit points.

However, authorities in at least two states have dismissed the claims.

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The “reports of new road rules relating to eating, drinking non-alcoholic beverages, and smoking while driving are fake” Queensland’s Department of Transport and Main Roads confirmed to 7NEWS.com.au.

“These actions are permitted in Queensland provided the driver is careful and maintains attention and proper control of their vehicle,” a spokesperson said.

However, the spokesperson noted it is “illegal to smoke in a vehicle if there are children under the age of 16 present”.

They also warned that, “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”.

Being distracted behind the wheel can lead to a driver being penalised for “careless driving”, which incurs a $667 fine and three demerit points.

Transport NSW also confirmed “there have been no changes to road rules, these stories are false”.

But while there are no “new” laws coming in to play, Australian states and territories have differing road rules that do outlaw distracted driving.

In NSW, drivers can get stung under the broad umbrella of “negligent driving” which can occur if someone drives “without the due care and attention reasonably expected of the ordinary prudent driver”.

It is applied case-by-case but is commonly attributed to using a phone while driving, failing to give way and causing a collision and ignoring dangerous road conditions.

Negligent driving in NSW incurs a $481 fine and three demerit points, which skyrockets to a potential 18 months in prison if it causes injury or death.

All other states and territories have similarly broad laws condemning careless driving, allowing for additional penalties for acts such as driving too close a car in front, or causing a collision by not looking while reversing.

In Perth a 19-year-old P-plater received a $300 fine for “driving without due care and attention” when she was filmed using both hands to eat cereal in 2018.