Drivers in NSW can use their phone to pay in a drive-through of a fast food outlet or at the boom gate of a car park from today, but strict rules apply.

In an Australian first NSW drivers are permitted to use their phone as a digital wallet as long as the vehicle is stationary and off road, in a car park, drive-through or driveway.

Bernard Carlon, Executive Director of Transport for NSW’s Centre for Road Safety, said the Government is adapting the legislation to keep pace with emerging technologies.

“A number of stakeholders have expressed concerns about the road rules preventing drivers from using a mobile phone to make purchases in drive-throughs or at parking stations,” Mr Carlon said.

“We’ve listened to those concerns and we’re responding appropriately to keep pace with the way people interact with technology every day.”

Drivers may also access their digital licence on a mobile phone while behind the wheel, if asked to present it by a NSW Police officer.

Mr Carlon said it is important all drivers know the rules about mobile phone use and obey them as they could be caught anywhere, anytime.

“Using a mobile phone while driving is a dangerous distraction. The penalty for illegal mobile phone use is $344 ($457 in a school zone) and five demerit points, or 10 demerit points during double demerit periods,” Mr Carlon said.

“However, if a driver is stopped safely and not in traffic like at a car park or drive through and remains in control of the vehicle while using their phone to make a payment, they will not be fined.”

To find out more about the mobile phone road rules, please visit:

The full media release can be viewed here

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