Police settle debate on paying with mobile phone at drive-thru — £200 fine and 6 points

Police settle debate on paying with mobile phone at drive-thru — £200 fine and 6 points Police have given clear and specific advice on using your phone to pay at a drive-thru. Share Article Share Article Facebook X LinkedIn Reddit Bluesky Email Copy Link Link copied Add us as preferred source Comments By Steffan Rhys 07:47, Tue, Nov 10, 2026 Police have explained in detail the very specific way you can use your mobile phone to pay for food at a drive-thru (Image: NurPhoto, NurPhoto via Getty Images) Every driver should know it is illegal to use a mobile phone to call or send messages while driving, risking a fine and penalty points on your licence.

However, certain situations cause confusion – one being whether you can use it while following Google Maps as a sat nav . Another grey area is using your mobile phone to pay for food at a drive-thru. No doubt, many drivers will assume they are perfectly entitled to use a mobile phone to pay at a drive-thru, while others will be equally convinced it constitutes a breach of the law. So what is the truth of the matter? Should you avoid using your phone at a drive-thru at all costs?

Or is it permissible under certain circumstances?, Article continues below ADVERTISEMENT The law on using a phone when driving Get motoring news and advice plus selected offers and competitions I would like to receive emails from the Daily Express featuring our latest products, services, offers, and promotions from across the Reach Plc family . Subscribe Invalid email You agree you are 18 or over. We use your sign-up to provide content in ways you've consented to and to improve our understanding of you.

This may include adverts from us and third parties based on our knowledge of you. You can unsubscribe at any time. More Info . The legislation surrounding mobile phone use while driving is unambiguous, reports Wales Online : "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 clarifies that the law remains in force 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 does, however, go on to state that you may use a handheld device if: Article continues below ADVERTISEMENT 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.

What does the Highway Code say about using a phone in the car? Can you use your phone to pay at a drive-thru? (Image: Anna Barclay/Getty) The Highway Code is equally unequivocal on the matter, stating: "You MUST NOT use a hand-held mobile phone, or similar device... for any purpose when driving." Article continues below ADVERTISEMENT It further adds: "You MUST NOT pick up and use your hand-held phone or similar device while stationary in traffic."

Nevertheless, 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." Trending Police advice on using your phone at a drive-thru 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 solely when your vehicle is 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. For complete peace of mind, it is advisable to follow the specific guidance offered by an officer from Devon and Cornwall Police's Roads Policing Team. In a video, the officer explains that he refrains from touching his phone until he reaches the drive-thru payment window.

He then brings the vehicle to a complete stop, puts the car in neutral and applies the handbrake before picking up 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 penalty for using your mobile phone while driving The consequences of using a mobile phone at the wheel are both unambiguous and severe.

Drivers 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". Those who commit this offence within two years of passing their driving test will automatically lose their licence. Offenders may also face court proceedings, resulting in a driving ban and a maximum fine of £1,000 (£2,500 if you're driving a lorry or bus). Driving laws Mobile phone Motoring fines Share Article Share Article Facebook X LinkedIn Reddit Bluesky Email Copy Link Link copied Add us as preferred source Comments