A few years ago, Victoria Police posted a question that more than a few of us have probably thought about when lining up at the drive-thru window… can you use your phone to pay?

Of the 54,000 respondents, nearly two-thirds gave a resounding “yes.” But the twist? Victoria Police then dropped the bombshell that, at the time, the move was actually illegal, with penalties reaching hundreds of dollars in fines and several demerit points. They added that if you wanted to use your phone to pay at the drive-thru window, drivers had to “apply the hand brake, switch the engine off and then access your mobile phone. In doing so, you are not considered driving.”

Now, five years later, have the laws changed, or could your next Macca’s run still get you pinged?

For Victoria, NSW and Queensland, the laws have since caught up, allowing phone payments at the drive-thru. But not all states have been as quick on the uptake.

Despite being stationary, using your phone to pay at the drive-thru window is still a legal no-go in plenty of places. For example, that 10-piece pack of nuggs could attract an add-on of $336 in Tassie, $500 in WA, to $534 in SA.

Here’s the lowdown on where you can and can’t use your phone to pay at the drive-thru without risking a fine:

  • NSW, QLD, VIC: All good! Feel free to pay with your phone at the drive-thru.
  • ACT: Expect a $470 fine and 3 demerit points.
  • TAS: You could be hit with a $336 fine and 3 demerit points.
  • WA: A potential $500 fine and 3 demerit points.
  • SA: The steepest at $534 and 3 demerit points.
  • NT: A $500 fine and 3 demerit points.

The good news is, that despite it being against the law, WA cops don’t consider it a high priority.

In 2019, the then-WA Police Commissioner Chris Dawson compared it to jaywalking – technically illegal, but not heavily enforced.

He added that officers aren’t “hyper-vigilant” about it buuuuuut “if someone is putting themselves in danger, I expect discretion and common sense to be used.”