In 2019, Victorian police posted on social media asking a seemingly obvious question: is it ok to use your phone to pay at the drive-thru? Of the 54,000 responders, nearly two-thirds said yes. 

Victoria Police, the rascals, then revealed that using your phone to pay at the drive-thru was not only illegal, it could cost you hundreds of dollars in fines and a handful of demerit points.

Despite being stationary and not distracted – aside from the rumbling in your tummy – you’re technically using your phone while driving, which is a big no-no. 

With well over 15 million cards registered to digital wallets and 98.9 percent of transactions taking place digitally, the convenience of whipping out your phone and grabbing a cheeky takeaway is a part of modern life, but in some Australian states that cheeseburger could set you back as little as $336 in Tasmania, or much as $534 in South Australia.

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And while Victorian laws have since been updated to allow drivers to use their phones when paying for goods and services, not all Australian states and territories have been as eager to get up to speed.

Here’s what paying with your phone could set you back, state by state:

• NSW, QLD, VIC: Laws have been updated to allow drivers to use their phones at the drive-thru.
• ACT: You could cop a $470 and lose 3 demerit points
• TAS: Tasmanian police can fine you $336 and 3 demerit points
• WA: A potential $400 fine and 3 demerit points
• SA: An eye-watering $534 fine and 3 demerit points
• NT: You’re looking at a $500 fine and 3 demerit points

In NSW, all drivers (including learners and P-platers) can use a mobile phone for any function when parked out of the line of traffic. The ignition does not need to be off. All drivers can use their phone to show their digital license, and to use wallet functions to make a transaction or show a voucher, but only in areas such as a car park, driveway or drive‑thru, and when the vehicle is stationary.

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In Victoria, drivers with full licenses can use a mobile phone or other device to pay at a drive-through. Learners and P-platers may not use their phones (or any other portable devices) in any way when driving, even for payments or navigation. Horses count as vehicles.

In South Australia, it is an offence to “drive with attitude.” It is also an offence to pay with your phone at a drive-thru if your vehicle isn’t parked. A spokesperson for South Australia police told Drive publication, “Regardless of how you are using a mobile phone, of which holding one is considered use, you must have your vehicle in a condition in which it is not able to move by itself.”

Similar rules apply in the ACT, WA, TAS, and the NT – so pop your car in park, put the hand brake on, and then you can go ahead and pay for your fries and thickshake.

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