Can You Eat While Driving in Ontario?

Under Ontario's Highway Traffic Act, there is no specific law that prohibits eating or drinking non-alcoholic beverages while driving. The distracted driving provisions (section 78.1) specifically target the use of handheld communication and electronic entertainment devices. Eating a sandwich or drinking coffee does not fall under the distracted driving law. However, this does not mean eating while driving is without legal risk.

Under section 130 of the Highway Traffic Act, a driver can be charged with careless driving for driving 'without due care and attention' or 'without reasonable consideration for other persons using the highway.' If eating while driving causes you to swerve, take your eyes off the road, or drive erratically, a police officer could charge you with careless driving. This is a serious charge that carries:

If you are involved in a collision while eating and it is determined that eating contributed to the crash, your insurance company may use this as a factor in assessing fault. While eating alone does not make you automatically at fault, an insurer or court could argue that it contributed to your inability to react in time. This could affect your insurance rates and any injury or damage claims.

According to road safety research, eating while driving is a significant source of driver distraction. It requires you to take at least one hand off the wheel, diverts your visual attention when reaching for food, and can cause sudden reactions (such as dropping hot food or spilling a drink). Studies show that eating while driving increases the risk of a near-miss or crash by approximately 1.6 times compared to attentive driving. Messy foods, hot beverages, and foods requiring unwrapping pose the highest risk.

The safest approach is to eat before you drive or pull over to eat. If you must have a beverage in the car, use a secure cup holder and limit sips to when the vehicle is stopped (at a red light, for example). During your road test, do not eat or drink anything. For everyday driving, treat eating the same way you would treat any distraction: if it takes your hands, eyes, or attention away from driving, it increases your risk.