No, eating while driving in Portugal is not explicitly banned but may violate broader distracted driving laws enforced by the Autoridade Nacional de Segurança Rodoviária (ANSR). Courts often interpret food consumption as a form of distraction under Decree-Law 44/2005, risking fines up to €120. From 2026, ANSR plans stricter enforcement under the Plano Nacional de Segurança Rodoviária 2021-2025, targeting secondary distractions.
Key Regulations for Eating While Driving in Portugal
- Distraction Clause (Art. 29/1 of Decree-Law 44/2005): Any activity diverting attention from driving—including eating—may constitute a traffic offense if it impairs vehicle control or reaction time.
- ANSR Enforcement Guidelines: Officers assess whether eating causes erratic maneuvers, delayed braking, or lane deviations. Evidence of spills or wrappers may support citations.
- 2026 Regulatory Shift: Under the PNR 2021-2025, ANSR will deploy AI-powered dashcams to detect secondary distractions, expanding penalties to include distracted eating as a primary offense.
Local courts have upheld fines where drivers were observed eating with both hands or dropping food, deeming it reckless under Art. 77 of the Highway Code. While no statute explicitly prohibits eating, jurisprudence aligns with EU Directive 2015/413, prioritizing road safety over ambiguous dietary habits.