Police settle debate on mobile phone use at drive-thru — £200 fine

Every driver knows you cannot use your mobile phone to talk or text while behind the wheel, and you risk a fine and points on your licence if you do. However, there are certain areas that cause confusion — one being whether you can use it while navigating with Google Maps and another being whether you can use your mobile phone to pay for food at a drive-thru. No doubt, many people will assume they are perfectly entitled to use a mobile phone to pay for their food at a drive-thru, while others will be equally convinced that doing so is breaking the law.

So what's the reality? Should you avoid using your phone at a drive-thru at all costs? Or can you use it safely under certain circumstances? The legislation surrounding mobile phone use while driving is crystal clear, reports WalesOnline : "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 further states that the law still applies even if you're: stopped at traffic lights queuing in traffic supervising a learner driver driving a car that turns off the engine when you stop moving holding and using a device that’s offline or in flight mode. It then goes on to clarify that you can use a device held in your hand if: you need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop you’re safely parked you’re using the device to park your vehicle remotely and... you’re making a contactless payment in a vehicle that is not moving, for example at a drive-through restaurant.

The Highway Code is equally unambiguous on the matter, 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". It states: "Your vehicle MUST be stationary, and the goods or services MUST be received at the same time as, or after, the contactless payment."

According to both the law and the Highway Code, you are permitted to use your mobile phone to pay for food at a drive-thru, but only when your vehicle is completely stationary. Should you be caught, for instance, preparing your contactless payment while driving towards the payment window, or handling your phone as you pulled away, you would in all likelihood be committing an offence and could face a fine and penalty points on your licence.

To be absolutely certain you're staying on the right side of the law, it's advisable to follow the specific guidance offered by an officer from Devon and Cornwall Police's Roads Policing Team. The officer explains that they have not touched their phone before arriving at the drive-thru's payment window. He then stops the vehicle at the window, puts the car in neutral and engages the handbrake before reaching for his phone. He says: "So the vehicle's in neutral, the handbrake's on, so I can use the phone to pay."

He then returns the phone to the holder before driving off and says: "That is how you legally use your phone to pay for something in a drive-thru." The consequences of using your mobile phone while driving are both clear-cut and severe. You face six penalty points and a £200 fine "if you hold and use a phone, sat nav, tablet, or any device that can send and receive data while driving or riding a motorcycle". Should this occur within two years of passing your driving test, you will automatically lose your licence.

You could also find yourself hauled before the courts, facing a driving ban and a maximum fine of £1,000 (or £2,500 if you are behind the wheel of a lorry or bus).