The loophole that will help you avoid $484 drive-thru fine

Fast food lovers have been left scratching their heads after a poll posted on the Victorian Police Department Facebook page asked people to vote on whether a driver was allowed to use a mobile phone to pay when going through a drive through service.

Almost 56,000 people voted and 65 per cent of voters thought it was legal.

Only 35 per cent of poll participants correctly chose no, with Victoria Police confirming the minority were in the right.

It comes after NSW police issued a similar warning to fast food-loving motorists in April.

“The offence is that you’re not supposed to be driving while using a mobile phone, if the vehicle is moving through a car park, including a drive-thru, drivers can be done,” a NSW police spokeswoman told Yahoo News.

Victorian police responded to Facebook users explaining the trouble they could find themselves in: “Using a handheld mobile phone while driving carries a $484 fine and accrue four demerit points”.

Police suggested that in order to avoid confusion a driver should completely shut off the car before using a mobile phone.

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

A digital drivers license on a person's phone.
Digital licenses have been available to all NSW and SA drivers. Source: AP

Law amended to account for digital licenses

Many responders considered the work-around as an inconvenience, with some people raising concerns over the use of digital driver licences on mobile phones available to motorists in NSW and South Australia.

In 2018 the law was amended to allow drivers to use mobile phones only to show a police officer your digital licence as long as the officer has requested you do so.

Grabbing your phone before being asked to show your digital license could result in a $344 fine and the loss of five demerit points in NSW.

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