It’s the way to pay now as banks and smartphone companies continue to encourage shoppers to fork out for purchases using contactless via their phones.

However, it has today emerged that those who dare to pay using their devices at drive-thru restaurants could end up with the £200 heavy fine AND six points on their licence which was introduced on March 1.

Amid the tough clampdown on using phones while behind the wheel - brought about by by the Department for Transport following a series of high-profile cases and research suggesting the practice is widespread - a Scots law firms is now warning that using a phone, in any capacity, while the engine is running is illegal.

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A representative with Thorntons solicitors in Dundee told The Sun: “Put simply, touching a mobile phone whilst the vehicle’s engine is running, could, on a strict interpretation of the law, amount to a criminal offence.

“I would anticipate that the police and Procurator Fiscal are likely to deploy a common sense approach in the prosecution of such offences - but drivers need to be aware of the risks and potential penalties for using a mobile phone whilst driving for any purpose.

“To avoid falling foul of the law, drivers should switch off their vehicle’s engine and apply the handbrake prior to using their mobile phone at any time.”

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Motorists stopped while using a mobile had been issued with three penalty points on their licence and a £100 fine prior to March 1.

On the date, though, the consequences doubled to six points and a £200 fine.

Drivers caught using their mobile twice or accruing 12 points on their licence could be banned from the roads and face a £1,000 fine, while those who passed their test in the last two years will lose their licence.

The only time you can use a hand-held phone is if you’re safely parked, or you need to call 999 or 112 in an emergency and it’s unsafe or impractical to stop.