paying in drivethru with mobile phone

[simon varley]

legal or illegal?

in Victoria at least the law states

Learner, P1 and P2 drivers must not use a mobile phone (hand-held or hands-free) for any function while driving (including while stationary but not parked).

Fully licensed car drivers
Using a mobile phone while driving is prohibited, except to make or receive a phone call, to use its audio/music functions or perform a navigational (GPS) or intelligent highway vehicle system (in vehicle warning system) function:

is secured in a commercially designed holder fixed to the vehicle, or
can be operated by the driver without touching any part of the phone, and the phone is not resting on any part of the driver's body.
All other functions (including video calls, texting, emailing, task management, photography, social media, shopping and share economy apps) are prohibited.

I ask as I followed a green P-plater into a coffee drivethu this morning

discuss....

[Ross 1]

Drive through is on private land not a public road. Would be the same as trying to book you on your drive whilst using your phone unless the owners of the land put up signs stating no mobiles whilst driving. Even then it would be almost impossible to enforce.

[simon varley]

I don't think the law makes that distinction

[Sioso]

I attended a car accident in a parking lot many years ago and the police didn't want anything to do with it.
I imagine it would be similar in this situation, if it's on private land I don't think they have the same power/jurisdiction.

[Citroënbender]

In NSW many such places are determined as “road related areas”. It’s the same distinction used to ping people for burnouts in the Bunnies carpark.

[PG2]

For anyone interested...


For Victoria...

ROAD SAFETY ROAD RULES 2017 - REG 13
What is a road related area
(1) A "road related area" is any of the following—

(a) an area that divides a road;

(b) a footpath or nature strip adjacent to a road;

(c) an area that is not a road and that is open to the public and designated for use by cyclists or animals;

(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;

(e) a place that is a road related area by virtue of a declaration under section 3(2)(a) of the Road Safety Act 1986 —

For NSW...

ROAD RULES 2014 - REG 13

13 What is a road related area
(1) A "road related area" is any of the following:

(a) an area that divides a road,

(b) a footpath or nature strip adjacent to a road,

(c) an area that is not a road and that is open to the public and designated for use by cyclists or animals,

(d) an area that is not a road and that is open to or used by the public for driving, riding or parking vehicles.

[JasonACT]

https://mypolice.qld.gov.au/southbri...es-dont-apply/

Cops are going to book you.

[irvinnie]

Wonder how a p plater will produce a licence when they introduce digital versions.... I could show you my licence officer but I can’t use my mobile phone. Sounds like there is a gap in the legislation keeping up with technology... if you are that concerned perhaps raise it with your local member of parliament.

[PG2]

Originally Posted by irvinnie

Wonder how a p plater will produce a licence when they introduce digital versions.... I could show you my licence officer but I can’t use my mobile phone. Sounds like there is a gap in the legislation keeping up with technology... if you are that concerned perhaps raise it with your local member of parliament.

When they are pulled over they will be parked.

[irvinnie]

Originally Posted by PG2

When they are pulled over they will be parked.

The same argument could then be applied to a drive through situation. Eg a RBT is a temporary stoppage like the drive through window to make payment.

[Citroënbender]

I’m far from a pee-plater and still distrustful of how “phone and driving” regs may be discretionarily interpreted. My personal approach is to have my keys on the dash (and doors locked) if holding my phone in the driver’s seat of a car, so any body-worn camera should take them in.

[Ben73]

Originally Posted by PG2

When they are pulled over they will be parked.

When your engine is running, but your car is in Park with the hand/park brake applied some cops apparently will still fine you for using your phone.

As for this 'tapping' phone idea, who cares. Why should it be illegal? It can't be any more dangerous than looking for your bank card in a wallet or trying to find where that last 5c piece went.

As for stop signs, they're a waste of time. I don't check any better at a stop sign than I do at a giveway. If anything I look better at giveway signs because you can keep moving if it's clear.
As for 4 way stop sign, **** me what a joke. We are luckily enough to be one of the only places in NSW with 4 way stop signs. No one knows how to use them though.

[JC]

Originally Posted by Ben73

When your engine is running, but your car is in Park with the hand/park brake applied some cops apparently will still fine you for using your phone.

As for this 'tapping' phone idea, who cares. Why should it be illegal? It can't be any more dangerous than looking for your bank card in a wallet or trying to find where that last 5c piece went.

As for stop signs, they're a waste of time. I don't check any better at a stop sign than I do at a giveway. If anything I look better at giveway signs because you can keep moving if it's clear.
As for 4 way stop sign, **** me what a joke. We are luckily enough to be one of the only places in NSW with 4 way stop signs. No one knows how to use them though.

4 way stop sign is easy. He who flinches, loses.

[devilcv8]

Originally Posted by irvinnie

Wonder how a p plater will produce a licence when they introduce digital versions.... I could show you my licence officer but I can’t use my mobile phone. Sounds like there is a gap in the legislation keeping up with technology... if you are that concerned perhaps raise it with your local member of parliament.

At least during the trial you must still carry your plastic license at all times.

[irvinnie]

Like all legislation you have to look at what the intent of the law is when enforcing it. A drive through using your mobile phone to make payment would be highly unlikely to be successfully prosecuted. There is no difference from using your mobile phone to paying with cash or credit card, there is no distraction to driving the car (the intent of using a mobile phone whilst driving offence)

[JasonACT]

The OP had quotes that covered that situation:

...including while stationary but not parked

for P platers, and also stated that for full license

...social media, shopping and share economy apps) are prohibited.

I think you could argue it, but only with a magistrate, and you will probably not amuse him/her.

[bathurst-racer]

So in what way is the service provider ie McDonalds complicit in the offense ?

[JasonACT]

100%, they should go back to cardboard coffee reward cards for drivers.

[joolz]

Whilst some drive through fast food restaurants have actual Give Way signs upon exits are they still public or private roads?

[JasonACT]

My local Bunnings has a real Stop sign at the car park exit! No idea.

[bathurst-racer]

Originally Posted by JasonACT

My local Bunnings has a real Stop sign at the car park exit! No idea.

They're a legal traffic sign erected at the order of Police and the Council.

[JasonACT]

I've never seen anyone "stop" other than to give way. Thing is, it's telling you to stop at the footpath, not the road, which is 4 metres further along.

[mike_nofx]

Originally Posted by JasonACT

I've never seen anyone "stop" other than to give way. Thing is, it's telling you to stop at the footpath, not the road, which is 4 metres further along.

My local RTA (Unanderra, which has now closed down) had a stop sign at the driveway exit, before a footpath also. Legally you were required to stop at the stop sign, then drive over the footpath and give way to traffic on the road.

The amount of people going for their P’s test that failed by driving through the stop sign and stopping at the road instead of at the footpath is not funny. So many fails before even leaving the RTA carpark.

[Itsme]

I can see the law eventually changing to allow this since governments are encouraging phone tap on for public transport, well at least here in Victoria.

[wodahs]

i work in a transport yard that sits on 10 acres it has 4 stop signs on site , so we can get charged whilst being on the phone on our unregistered forklifts ?
the road to our rail yard (and other transport rail yards at the rail hub) is a non gazetted road in the rail yard that we all rent of the rail hub and there are signs up stating no public thoroughfare but there are street signs every where and road names , with what was stated above shouldnt the police still have jurisdiction here as well ? recently they were waiting for one of our drivers that was driving with out a license (another driver reported them doing so) but they waited outside the area of all these terminal streets instead of out side the company gate

[Citroënbender]

They may not have been comfortable coming in without a warrant, laws differ between states but if they ping the chap on what is unquestionably a public road then they haven’t put their conduct up for dispute - which might otherwise jeopardise prosecution.

[JasonACT]

When I was 16 (think back to the 80's, any of you who can) I was summonsed for riding my year 11 motor bike college-auto-tech-project across a road.. Cop hiding nearby and waiting for me, due to a neighbour whinging about noise, I suggest. How many times had I actually gone on the road with the bike? Once... When my mate who lived across the road signalled to me for some weird reason. Got to love it though when another neighbour bought a trail bike and rode around their front lawn making heaps of noise for weeks after that without ever being charged.

[jstanovic]

Using the phone in a drive-thru is a non issue. If you get done take it to court, I’ll eat my own ******** if the judge doesn’t throw it out.

[JasonACT]

https://au.news.yahoo.com/drivers-ca...045514576.html

The asterisks prevent me from knowing what you are prepared to eat!

[Citroënbender]

MNFX, from my distant memory of the road rules books you’re supposed to stop before crossing a footpath anyway, aren’t you? Even when leaving a private driveway. Many of the registries have removed the hard signs and now rely on driver knowledge to evaluate that situation...

Originally Posted by JasonACT

The asterisks prevent me from knowing what you are prepared to eat!

His own asterisks, of course!

As to the original post, wait until some eighteen year old would-be biohacker implants the payment chip in his tackle, just for the humour of rubbing his crotch on payment terminals...