An apparatus and method for classifying a driver's activity state use sensor data relating to at least one vehicle operating condition to determine driver activity and classify into one of at least two states. A two state classifier (200) uses inputs related to vehicle monitors (210), driving conditions (212), driver activity (214), vehicle controls (216), and driver identification (218) to set an output (204) to a status corresponding to "maneuver" and "non-maneuver."