Millions of drivers in the UK use drive-thrus daily, but a common question arises: is it illegal to pay with your phone at the window? According to official guidance from GOV.UK, the law is clear on handheld device use while driving.
What the Law Says
It is illegal to hold and use a phone, sat nav, tablet, or any device capable of sending or receiving data while driving or riding a motorcycle. This prohibition covers texting, making calls, taking photos or videos, and browsing the web. The law applies even if you are:
- Stopped at traffic lights
- Queuing in traffic
- Supervising a learner driver
- Driving a car that automatically turns off the engine when stationary
- Holding and using a device that is offline or in flight mode
Exceptions to the Rule
However, there are specific exceptions. Motorists may use a handheld device if:
- They need to call 999 or 112 in an emergency and it is unsafe or impractical to stop
- They are safely parked
- They are making a contactless payment while the vehicle is not moving, such as at a drive-through restaurant
- They are using the device to park the vehicle remotely
Despite these allowances, drivers must remain in full control of their vehicle at all times. The police can stop and prosecute anyone they believe is not in control due to distraction.
Penalties for Offences
If you hold and use a phone or similar device while driving, you can receive 6 penalty points and a £200 fine. For drivers who passed their test within the last two years, this would result in licence revocation. Additionally, if you do not have a full view of the road or proper control, you may face 3 penalty points, a court appearance, a driving ban, and a maximum fine of £1,000 (£2,500 for lorry or bus drivers).
Therefore, while paying with your phone at a drive-thru is not illegal when stationary, any loss of vehicle control or distraction could lead to serious consequences. New drivers are especially at risk of losing their licence and having to retake their test.
