We’ve all done it at least once when paying for our frozen coke and large chips, but local law enforcement have warned against it.

A Facebook post by Victoria Police asked social media users to vote in a poll that read: “When using a fast-food outlet’s drive-through service, can I use my phone to pay?”

Majority of the 54,000 people that voted thought that it was okay to do just that, with 65% voting YES.


But it turns out, most of us were wrong…

Victoria Police replied to the poll, finally giving us all an answer.


They said that it was in fact an offence to use your phone at a drive-through and that it can carry a $484 fine and up to four demerit points.

“Using a handheld mobile phone while driving carries a $484 fine and accrue 4 demerit points,” the reply said.

For those of us in NSW, the penalty is $344 and 5 demerit points.

“If you intend to use your mobile phone to pay at the drive-thru window, apply the hand brake, switch the engine off and then access your mobile phone”, they continued,

“In doing so, you are not considered driving.”

Not everyone was happy with the answer, with some also expressing their frustrations.


“Very obvious that the law needs to keep up with technology,” one commenter said.

“That is bloody ridiculous,” another commented. “Does that mean I can pull on the hand brake, turn off the car at traffic lights and use my phone? I am hoping this is a joke.”

“You can’t seriously argue that using a mobile phone to pay for the food is too dangerous, but leaning out of the car window (often with both hands) to collect your food, drinks, whatever, is fine.” added another person.

And if you think its just Victoria that has this law in place, think again.

It’s in place right across the country with a variation in penalties.



NSW: $344 fine and 5 demerit points

Victoria: $484 fine and 4 demerit points

Tasmania: $336 and 3 demerit points

South Australia: $534 and 3 demerit points

Queensland: $400 fine and 3 demerit points

Western Australia: $400 fine and 3 demerit points


Northern Territory: $500 and 3 demerit points

ACT: $470 and 3 demerit points