Mobile Phones and Drive Throughs

Have you or someone you know, got hungry and decided a trip through the McDonalds drive through would be a good idea?

Lilydale Criminal LawyersHave you then realised that you have left your wallet at home and wondered how you will pay – with three cars in front, three cars behind and no realistic way of getting out of it now the order has been placed?

Using your phone to pay for your food has become a common occurrence with vendors happy to take payment in anyway possible, using the Paypass method on your phone whilst using the vehicle in the drive through is technically illegal.

Most people would think that the McDonalds drive through is private property, owned by McDonalds and therefore immune to road rules and attention from Victoria Police – however the Road Safety Act 1986 defines ‘Highway’ as a road or road related area.

Road Related Area is the definition that covers the McDonalds Drive Through. The definition of Road Related Area under the Road Safety Act 1986 includes ‘(d) an area that is not a road and that is open to or used by the public for driving, riding or parking motor vehicles.’

Further to this, under rule 300 of the Road Safety Rules 2009 ‘The driver of a vehicle must not use a mobile phone while the vehicle is moving or is stationary but not parked’.

The Road Safety Rules also states that use of a mobile phone includes ‘(a) holding the body of the phone in her or his hand (whether or not engaged in a phone call) and (d) operating any other function of the phone.’

So in essence, the McDonalds drive through is a road related area, and therefore you cannot use a mobile phone in the drive through whilst the vehicle is stationary but not parked and you must not use the phone which includes holding it to pay and/or operating the Paypass function on the phone.

So next time, don’t forget your wallet!


Ben Watson is one of our highly skilled criminal defence lawyers. Give Ben a call today for a no-cost initial consultation on 8658-0040 if you have any questions in relation to traffic or other offences.