DRIVERS being hit with fines and penalty points if they use their smartphones to pay for a drive thru meal.

Shoppers using apps including Apple Pay and Android Pay are becoming more common but new laws on phone usage while driving could cause users problems.

Police have launched a crackdown on motorists using phones at the wheel and drivers can now be given six penalty points and a £200 fine if caught.

Anyone touching their phone while driving on a road could be fined, which means paying for a drive thru meal with a phone app is taking a risk.

One social media user asked Greater Manchester Police if they could use Apple Pay at a drive thru without losing their licence.

The force replied: "If your engine is off and your handbrake applied and you're parked, yes.

"If your engine is on NO."

A McDonald's spokesman was reported in a national newspaper as saying: "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."