Can you eat fast food while driving in North Carolina? Here’s what state law says

Evan Moore
·2 min read

Enjoying a cheeseburger from your favorite fast food restaurant or drinking a cup of coffee on the way to work may seem harmless, but both habits can take your attention off the road.

Eating in the car is a form of distracted driving, according to the N.C. Department of Transportation.

“Distracted drivers are more likely to react slower to traffic conditions than drivers who are focused on the road,” NCDOT says. “Inattentive drivers are also more likely to miss potential safety hazards or are less likely to skillfully conduct preventative or evasive moves to avoid a wreck.”

In 2020, there were 157 deaths and 18,552 injuries reported in North Carolina as a result of distracted driving, according to the most recent data available from the N.C. Department of Insurance.

Eating while driving may be unsafe, but is it legal in North Carolina? Here’s what state law says.

Is eating while driving legal in NC?

North Carolina’s Hands-Free law prohibits texting and emailing while driving, but it is legal to eat while behind the wheel.

A bill that would have made eating behind the wheel illegal was introduced in 2019, The News & Observer reported, but it stalled in the Senate.

Opponents of the bill said it would hurt business at many restaurants in the state if it became law.

“You’re going to shut down every drive-thru restaurant and fast food place in the state of North Carolina,” Rep. Larry Potts said in 2019. “I got a real problem with not being able to have a cup of coffee in your console or a soft drink.”

Members of the House Judiciary Committee later stripped the bill of references to eating and drinking, trimming the list of distracted behaviors down to using a hand-held phone or an electric device, the N&O reported.

Tips for eating while on the go

Here are some ways you can make eating in your car less common, according to Driving Tests, a company that provides learning materials for DMV exams:

  • Eat before you leave the house.

  • Don’t keep food in your vehicle.

  • If you go through a drive-thru, eat in the parking lot before getting back on the road.

  • If you bring a drink with you while driving, opt for a slim container that you can open with one hand.