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Wales Online
Wales Online
National
Neil Shaw

What the law really says about using your phone at a drive-thru and why you won't be fined

Ahead of a clarification on the laws on using a mobile phone in your car coming in March, headlines have warned that people face being fined £200 for paying with the phone at a drive-thru.

But the Government has made it very clear that this will not be the case if you pay in the correct way.

Rules against using your mobile phone in a car have been in force across the UK since 2003.

In 2019 the High Court pointed out that the modern use of phones is not explicitly banned in the legislation - which was designed to stop people texting or speaking on the phone while driving.

So the Government is publishing a clarified version of the law, in March, which makes it clear that using your phone for anything - including apps, GPS, music, video and pictures, is against the law.

The Government website reads: "DfT intends to make a slight alteration to the revised text to improve clarity and eliminate the misunderstandings that were evident from consultation responses in relation to both standalone functions and the exemption for stationary contactless payments.

"Because space is limited in The Highway Code, we will supplement the advice by preparing expanded guidance on GOV.UK."

As people often use their phones to pay at a drive-thru or toll road, this will be exempt.

The Department for Transport (DfT) website detailing the exemption reads: "DfT takes this opportunity to clarify that the contactless payment exemption will apply solely in the circumstances where a contactless payment is made by tapping on a card reader.

"The exemption will not apply where drivers simply make an internet payment while sitting at the wheel with the engine running. This will be clarified in the revised Highway Code text."

The Government said: "There will be an exemption to the new law for drivers making a contactless payment using their mobile phone while stationary to ensure the law keeps pace with technology.

"This exemption will cover, for example, places like a drive-through restaurant or a road toll, and will only apply when payment is being made with a card reader."

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