Did you realise that if you . . . . . .
- Thread starter t-tony
- Start date
How stupid. Clearly if you are paying for something you are not using your device as a ‘phone’. Most drive throughs are on private land and therefore not ‘technically’ on a highway anyway….but I am sure my winging would be no defence 
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" Even if your wheels aren’t moving you are classed as driving if your engine is on " - unless of course if they are doing you for being parked or obstructing!
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Frank Lampard can drive through London with his phone in one hand and a hot carton of coffee in the other and get away with it, but the rest of us can be done on private land while parked up at a takeaway hatch? I need a lie down. 
- Joined
- Feb 18, 2016
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- Z3M Imola and Z4 (e89)
Anywhere that has agreed / legal public access for motorised vehicles (even if its only between certain times) is classed the highway. Industrial estates, car parks and shopping malls are a prime example, privately owned but you must be legal and follow the law.How stupid. Clearly if you are paying for something you are not using your device as a ‘phone’. Most drive throughs are on private land and therefore not ‘technically’ on a highway anyway….but I am sure my winging would be no defence
Until someone crashes into you in a car park. When I reported it to the police I was told under no circumstances car parks are not part of the highway, they are private property and as such the police can not and will not get involved. They make the rules up as they go along.
Possibly because it would be a civil matter and not criminal?
Tony.
Tony.
It would be a civil matter however if the public have access it is part of the highway. So you can be done for drink driving in a car park by the police, no tax, no insurance, if you ran someone over but if someone smashes your car up it is a civil matter even though technically it was on a highway as it had public access. Confused? I am
Sorry to disappoint but its not true - you can use it at a drive through - scroll down to the relevent bit - you can all sleep easier tonight 
www.gov.uk
Any use of hand-held mobile phone while driving to become illegal
Prosecution regulations tightened on the use of hand-held mobile phones at the wheel.
Can't find any mention of whether you can be stationary with engine still running though? Oh, here it is.
A little known rule could land drivers with a six point penalty and a hefty fine when using drive through services in the UK. The highway code recently changed and this has shed light on a rule which most drivers don’t know.
The rule means that drivers could be caught out when paying at a drive through service when they still have the engine running. Technically, if you are a driver and pay for your food via your mobile, you could be given a £200 fine and six points put on your licence if the engine is on.
Lots of people pay via apple pay and their mobile device which is linked to their online banking. If you pay, using your phone, it would come under the rule which bans use of a phone whilst driving. Even if your wheels aren’t moving you are classed as driving if your engine is on
Tony.
A little known rule could land drivers with a six point penalty and a hefty fine when using drive through services in the UK. The highway code recently changed and this has shed light on a rule which most drivers don’t know.
The rule means that drivers could be caught out when paying at a drive through service when they still have the engine running. Technically, if you are a driver and pay for your food via your mobile, you could be given a £200 fine and six points put on your licence if the engine is on.
Lots of people pay via apple pay and their mobile device which is linked to their online banking. If you pay, using your phone, it would come under the rule which bans use of a phone whilst driving. Even if your wheels aren’t moving you are classed as driving if your engine is on
Tony.
This is off the gov website and doesn't say anything about the engine running just "stationary" make of that what you will I guess?
"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. It will not allow motorists to make general online payments while driving".
"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. It will not allow motorists to make general online payments while driving".
It‘s just very ambiguous as usual. Not well thought out before being introduced. Not that it will affect me.
Tony.
I wanted to find the scene where they're paying for pretzels in IT'S A MAD, MAD, MAD, MAD WORLD......................Frankie
Won't effect me either don't eat anything at drive throughs and pay with your phone? I have only just got used to plastic
Won't effect me either don't eat anything at drive throughs and pay with your phone? I have only just got used to plastic
Yeah they swopped the paper notes for polymor ones the other year
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Won't effect me either don't eat anything at drive throughs and pay with your phone? I have only just got used to plastic
Do you mean these places don't take cheques?.....