Millions of UK drivers are being caught out by a legal loophole that could see them slapped with a hefty £200 fine and six penalty points for simply using their phone to pay for a coffee or parking.
Motoring experts are issuing an urgent warning that many drivers mistakenly believe they are on 'private land' when in a drive-thru or a multi-storey car park. However, the law views these areas as accessible to the public, meaning the same strict mobile phone rules apply as on public roads.
The Hidden Risk in Everyday Situations
The confusion arises in common scenarios. When you pull up to a drive-thru window to scan a QR code or use a payment app, you are technically still 'driving' in the eyes of the law. Similarly, manoeuvring in a car park while holding your phone to find a ticket or pay via an app is a prosecutable offence.
"Many drivers think that because they are on a supermarket car park or a fast-food restaurant's drive-thru, they are on private property and the rules don't apply," explained a spokesperson from the RAC. "This is a dangerous misconception that could prove very costly."
What the Law Says
The updated legislation, which came into force in 2022, makes it illegal to hold a mobile phone or any other communication device while driving. This includes:
- Using a device to pay for goods or services.
- Scrolling through a playlist.
- Taking a photo or video.
- Checking the time.
The only exemptions are for making an emergency 999 call or using a contactless payment system at a drive-thru where the vehicle is stationary, and the engine is turned off—a nuance many are unaware of.
How to Stay Safe and Legal
To avoid an unexpected penalty, drivers are advised to follow these simple steps:
- Plan ahead: Have your payment method ready before you enter the queue.
- Pull over safely: If you need to use your phone for any reason, find a designated parking bay and turn off the engine.
- Use hands-free wisely: While hands-free kits are legal, you can still be prosecuted if you are not in proper control of your vehicle.
With police enforcement using both marked and unmarked vehicles, the risk of being caught is higher than many think. A single lapse in judgment could not only result in a fine but also lead to a significantly increased car insurance premium.
