Phones down: Missouri’s hands-free driving law

Missouri’s new driving law took effect in August 2023 after two years of more than 1,000 fatalities on Missouri’s roadways.

According to The Missouri Department of Transportation, distracted driving is a leading cause of crashes in Missouri, causing over 800 deaths between 2012 and 2021¹.

The new law, section 304.822 RSMo., generally prohibits anyone from using a cellphone or electronic communication device while driving on Missouri’s roadways. This law even extends to and prohibits a driver from merely holding or supporting a device on the driver’s person. See 304.822.3(1).

The law applies to:

-          Manually dialing a phone number,

-          texting,

-          updating or browsing social media,

-          FaceTime or video calls,

-          browsing the internet,

-          watching videos,

-          playing games, and

-          taking videos or photos.

The law does not prohibit drivers from using the hands-free functioning of their phones.

The speakerphone function and hands-free Bluetooth devices remain permissible. The law additionally specifically excepts any actions related to reporting an emergency and holding and using phones while lawfully stopped. It also does not apply to first responders.

Importantly, drivers cannot be stopped solely for a violation of section 304.822.

Penalties

Anyone who is found to violate this law is subject to penalties. A first offense (or one that occurs after 24 months of no violations) triggers a $150 fine, a second triggers a $250 fine, and a third triggers a $500 fine. Work zone violations can trigger fines up to $500. Violations causing serious injury can result in fines up to $1,000 and six months in jail. Violations causing fatal crashes can result in up to seven years in prison.

The lesson here? Be sure to advise your friends, family, and clients to take their selfies before their road trip (or while lawfully stopped)!

1 Hands-Free Law Takes Effect Monday, MISSOURI DEPARTMENT OF TRANSPORTATION, (Aug. 23, 2023, 5:40 AM), https://www.modot.org/node/33694.