A growing traffic safety issue is the effect of cognitive loading activities on traffic safety and driving performance. To monitor drivers' mental state, understanding cognitive load is important since while driving, performing cognitively loading secondary tasks, for example talking on the phone, can affect the performance in the primary task, i.e. driving. Electroencephalography (EEG) is one of the reliable measures of cognitive load that can detect the changes in instantaneous load and effect of cognitively loading secondary task. In this driving simulator study, 1-back task is carried out while the driver performs three different simulated driving scenarios. This paper presents an EEG based approach to classify a drivers' level of cognitive load using Case-Based Reasoning (CBR). The results show that for each individual scenario as well as using data combined from the different scenarios, CBR based system achieved approximately over 70% of classification accuracy.