Can I Eat and Drink Whilst Driving My Car?

By Peter Dodd

Partner

T: 01279 712550
E: pd@nockolds.co.uk

We’ve all been in a situation where our grumbling stomachs can become overwhelming whilst driving. 

Perhaps you’re on a long drive to see the family during the holidays, or maybe just running a little behind for work and don’t have time for breakfast. 

But while you’re tucking into that slice of toast behind the wheel on the way to work, have you stopped to consider whether what you’re doing is legal?

The media is full of stories about police stopping and fining motorists who are eating or drinking whilst driving, leading to a lot of confusion among motorists as to what the law actually says about this subject. 

So what does the law say? 

In actual fact, there is nothing in legislation or the Highway Code to advise drivers what they can or cannot do – so you can have a drink and eat whilst driving. 

However, there is a caveat to this. Rule 148 of the Highway Code outlines that drivers should avoid distractions when driving or riding such as:

  • Loud music (this may mask other sounds)
  • Trying to read maps
  • Starting or adjusting any music or radio
  • Arguing with your passengers or other road users
  • Eating and drinking
  • Smoking.

If you are found to not be in proper control of your vehicle, and the police have evidence of this (e.g. drifting in your lane, or not pulling away from traffic lights in a timely manner) then you could be pulled over and charged for careless or dangerous driving.

Penalties can range from an on-the-spot fine of £100 and three points on your licence, to an unlimited fine, a driving ban and up to 14 years in prison.

Our advice – it’s probably not a good idea. Perhaps you can save that sandwich for later?