Vic Police enrage public with fast-food fine post

Would you like fines with that?

Victoria Police has come under fire after its social media post outlined that motorists could be fined $484 and lose four demerit points if they used their smartphone to pay for fast food at their favourite drive-through.

In a post on its official Facebook page, Victoria Police answered its own question: "When using a fast-food outlet’s drive-thru service, can I use my phone to pay?"

The answer? "Using a handheld mobile phone while driving carries a $484 fine and accrue 4 demerit points," stated Victoria Police. And yes, that includes any fast-good drive-through service.

The backlash from the public was immediate with most commenters declaring the rule to be a blatant revenue-raising ploy.

Advice: Is it legal to eat and drive?

Almost 4000 replies have been posted to date -- most of them questioning the logic of the heavy-handed response.

Sertac Icer said: "I don't see the difference with pulling out your phone to pay versus your card/cash. I see cash more distracting and time consuming."

Mike Adler felt more strongly about the situation, using sarcasm to illustrate his point: "You can’t [use your phone] because of ALL THE HUGE auto accidents that have happened in Maccas drive-thrus! Clearly it’s an epidemic because of all the death, injury and property damage! I hope you guys are stalking out these Drive-thru Death-Traps on a regular basis! Phew!!! Thank god [sic] for VICPOL."

Advice: Mobile phone laws explains

According to Victoria Police, the only way you can legally pay with your mobile phone is to "…apply the hand brake, switch the engine off and then access your mobile phone. In doing so, you are not considered driving."

Some cars are fitted with auto-hold and engine automatic engine cut-off systems, but it's not clear if these constitute 'not driving' as stipulated by law.

South Australian traffic law expert Karen Stanley, speaking to ABC Radio Adelaide, said that mobile phone laws are designed to reduce the use of devices while motorists are driving or even stopped at red lights, but admitted that some laws have "…struggled to keep up with technology".

The key part of many road rules is the wording and Stanley said that interpretation was crucial. For example, motorists can operate certain devices in certain conditions, such as Google Maps for navigating, but only if the device is 'securely mounted'.

Another example allows motorists to use a device when the vehicle is 'parked' but as Stanley points out the terminology "…was not really well defined."

"The safest policy to adopt is, you can't do anything with a mobile phone unless it's securely mounted or you're parked," she said.

The recent furore around fast-food drive-through smartphone payments comes as governments around Australia are beginning to employ new speed cameras with facial recognition technology that can determine – and fine – road users on their mobile phones.

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