0161 236 7007

There was a question raised over social media about the new mobile phone laws and how it would impact on phone usage in a drive thru at McDonalds.

It sounds like a trite question at first but with the advent and increasing usage of payment solutions such as ApplePay, the issue could become a problem.

The new laws state that any driver caught using their mobile phone behind the wheel could face 6 penalty points and a £200 fine. The penalty points alone could make the driver fall foul of the totting up provisions and for new drivers, it is even worse, with them facing a revocation of their driving licence and retaking their driving test.

So, what is the Police’s view of someone driving in their car, ordering a Big Mac and then paying for it with their mobile phone?

The response from Greater Manchester Police [GMP] was that if the driver’s car had the handbrake applied and the engine turned off then that would be okay. However, if at the time of payment and phone usage, the driver’s car still had the engine on and the handbrake was off then they would fall foul of the new laws and face the penalties if caught.

In response to this news, a McDonald’s spokesperson stated: “When customers enter our drive-thrus, a number of restrictions are in place with the aim of preventing irresponsible and dangerous driving.

“Customers using our drive-thru lanes will be moving slowly in a dedicated vehicle lane.

“Additional restrictions can include a speed limit of 5mph, speed bumps, large vehicles being unable to enter and customers having to be stationary when offering their chosen method of payment.

“We would hope that all of our restrictions would be taken into account and common sense used when the police are applying the rules of this law.”

We look forward to the test case on this.

About Freeman & Co.

Freeman & Co. are a specialist firm of road traffic and criminal defence solicitors based in Manchester but with nationwide coverage.

Freeman & Co. specialise in a wide variety of road traffic cases, ranging from drink driving, speeding and mobile phone offences, to name but a few.

The firm was created by Nick Freeman, who has been dubbed “Mr Loophole” by the press for his technical legal ability and robustly challenging the prosecution.

Nick is well regarded as an expert road traffic lawyer and has successfully represented many high profile clients for a variety of motoring offences as well as criminal offences.

The firm of Freeman & Co. embodies the way Nick works, with minute attention to detail and challenging the prosecution at every turn.

If you are facing a road traffic matter or criminal offence and need the services of Freeman & Co. please call on 0161 236 7007.

Freeman & Co. are available for Police Station attendances and an experienced criminal lawyer is on hand to take your call.

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Freeman & Co Solicitors
8 Oxford Court
M2 3WQ

Tel. 0161 236 7007

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