Millions of motorists use drive-throughs every day. But could paying with your phone at the collection window actually break the law? According to GOV.UK officials, 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 means you must not use a device in your hand for any reason, whether online or offline.
This law prohibits texting, making calls, taking photos or videos, or browsing the web. It still applies if you are stopped at traffic lights, queuing in traffic, supervising a learner driver, driving a car that turns off the engine when you stop moving, or holding and using a device that is offline or in flight mode.
Exceptions to the Rule
However, there are exceptions. Motorists can use a device held in their hand if they need to call 999 or 112 in an emergency and it is unsafe or impractical to stop, they are safely parked, they are making a contactless payment in a vehicle that is not moving (for example, at a drive-through restaurant), or they are using the device to park their vehicle remotely.
Penalties for Offences
Drivers have been warned they must remain fully in control of their vehicle at all times. The police can stop you if they think you are not in control because you are distracted, and you can be prosecuted. You can get 6 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. You will also lose your licence if you passed your driving test in the last 2 years.
Additionally, you can get 3 penalty points if you do not have a full view of the road and traffic ahead or proper control of the vehicle. You can also be taken to court where you can be banned from driving or riding. You may also get a maximum fine of £1,000 (£2,500 if you are driving a lorry or bus).
Risks for New Drivers
So, although using your phone to pay at a drive-through is not against the law, motorists could still land themselves in trouble if they are deemed not to be fully in control of their vehicle. New drivers face even tougher consequences, including having their licence revoked and being forced to retake their driving test if they get into trouble with the police.
