Using a mobile phone to pay for food at a drive-thru is legal only when the vehicle is stationary, according to police guidance. Drivers who handle their phone while the car is moving risk a £200 fine and six penalty points.
Legal Framework for Phone Use While Driving
The law states: "It's illegal to hold and use a phone, sat nav, tablet, or any device that can send or receive data, while driving or riding a motorcycle. This means you must not use a device in your hand for any reason, whether online or offline."
The UK Government clarifies that this applies even when stopped at traffic lights, queuing in traffic, supervising a learner driver, or driving a car with an engine that turns off when stationary. It also applies to devices that are offline or in flight mode.
However, exceptions allow holding a device to call 999 or 112 in an emergency when stopping is unsafe, when safely parked, when using the device to park remotely, and when making a contactless payment in a vehicle that is not moving, such as at a drive-through restaurant.
Highway Code on Hand-Held Devices
The Highway Code states: "You MUST NOT use a hand-held mobile phone, or similar device... for any purpose when driving." It adds: "You MUST NOT pick up and use your hand-held phone or similar device while stationary in traffic."
An exception permits using a hand-held phone to make a contactless payment at a terminal, provided the vehicle is stationary and the goods or services are received at the same time as, or after, the payment.
Police Demonstration of Legal Use
A Devon and Cornwall Police Roads Policing Team officer demonstrated the correct method. He explained he had not touched his phone before arriving at the payment window. He then stopped the vehicle, put the car in neutral, and engaged the handbrake before reaching for his phone.
He said: "So the vehicle's in neutral, the handbrake's on, so I can use the phone to pay." After returning the phone to its holder, he drove off, adding: "That is how you legally use your phone to pay for something in a drive-thru."
Drivers who prepare contactless payments while driving to the window or handle their phone while driving away would likely commit an offence, risking fines and penalty points.
Penalties for Illegal Phone Use
Holding and using a phone, sat nav, tablet, or any data-capable device while driving or riding a motorcycle results in six penalty points and a £200 fine. New drivers who commit this offence within two years of passing their test lose their licence. Offenders can also be taken to court, face a driving ban, and receive a maximum fine of £1,000, or £2,500 if driving a lorry or bus.
