Is Eating While Driving Legal in Spain After the 2026 Policy Reforms?

No, eating while driving in Spain is not explicitly prohibited by national traffic law, but it can lead to distracted driving charges under Article 18 of the Reglamento General de Circulación (RGC), enforced by the Dirección General de Tráfico (DGT). Courts may interpret it as a form of negligent behavior, risking fines up to €200 and 3 penalty points. Local ordinances in cities like Barcelona or Madrid may impose stricter rules.

Key Regulations for Eating While Driving in Spain

  • Distracted Driving Prohibition (Art. 18 RGC): The DGT classifies eating as a potential distraction, citing it in their 2024 Plan de Seguridad Vial as a contributing factor in 30% of urban accidents. Officers may issue fines if driving is deemed impaired.
  • Local Ordinances: Municipalities like Barcelona (under Ordenanza de Movilidad Sostenible) ban eating or drinking at the wheel in high-risk zones, with fines up to €100. Madrid’s Ordenanza de Circulación similarly restricts consumption behind the wheel.
  • 2026 Compliance Shift: The DGT plans to amend the RGC in 2026, explicitly listing eating as a primary distraction offense, aligning with EU Directive (EU) 2019/631 on road safety. Drivers should expect stricter enforcement.

Enforcement varies by region, but judicial precedent (e.g., Sentencia 45/2023 del TSJ de Madrid) confirms that eating can void insurance coverage if deemed reckless. Drivers are advised to consume food only when safely parked.