https://www.mynrma.com.au/cars-and-driv ... le-driving
Although there is no specific rule that prohibits eating or drinking (non-alcoholic) while driving, the practice can distract drivers and ultimately result in prosecution.
Driver distraction is broadly covered under NSW Road Rule 297(1) which is a general road rule that states “a driver must not drive a vehicle unless the driver has proper control of the vehicle”.
If eating while driving interferes with a driver’s control of the vehicle, the driver may be committing an offence depending on the circumstances.
These types of offences are assessed on a case by case basis, including whether an incident occurred and are subject to a $433 fine and three demerit points. In school zones, the penalty increases to $541 with 4 demerit points.
As well as the dangers of driving under the influence, NSW Road Rule 298 (1) states that a driver must not to consume alcohol while driving. This would apply regardless of whether the driver is under the limit.
It looks like one of those grey areas in the law where the officer needs to use discretion and assess if he/she thinks the driver is in control of the vehicle.
