The law on mobile phone use while driving is clear, but many drivers are unsure whether they can use their device to pay for food at a drive-thru. Under both UK legislation and the Highway Code, it is permitted only when the vehicle is completely stationary, and doing so otherwise could lead to a fine and penalty points.
What the law says
According to WalesOnline, it is 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 applies whether the device is online or offline, and even when stopped at traffic lights, queuing in traffic, supervising a learner driver, or driving a car that turns off its engine when stationary.
The UK Government states that a hand-held device may be used if you need to call 999 or 112 in an emergency and it is unsafe or impractical to stop, if you are safely parked, if you are using the device to park your vehicle remotely, or if you are making a contactless payment in a vehicle that is not moving, such as at a drive-through restaurant.
Highway Code guidance
The Highway Code is equally explicit, stating: "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."
However, it also highlights an exception "if you are using a hand-held mobile phone or similar device to make a contactless payment at a contactless payment terminal." The vehicle must be stationary, and the goods or services must be received at the same time as, or after, the contactless payment.
Police advice for drive-thru users
An officer from Devon and Cornwall Police's Roads Policing Team has demonstrated the correct method. The officer explains that they have not touched their phone before arriving at the drive-thru's payment window. They then stop the vehicle at the window, put the car in neutral, and engage the handbrake before reaching for the phone.
"So the vehicle's in neutral, the handbrake's on, so I can use the phone to pay," the officer says. After returning the phone to its holder and driving off, the officer adds: "That is how you legally use your phone to pay for something in a drive-thru."
Penalties for misuse
Drivers who hold and use a phone while driving face six penalty points and a £200 fine. If this happens within two years of passing a driving test, the driver automatically loses their licence. Cases can also go to court, where a driving ban and a maximum fine of £1,000 apply, or £2,500 for drivers of lorries or buses.
