For decades one of the most important lessons any student in Driver’s Ed would learn was, “Don’t drink and drive.” However, in more recent years, a new version of that lesson was created to keep up with advances in cell phone technology: “Don’t text and drive.”
Since 2012, Missouri has seen hundreds of thousands of car accidents due to distracted driving, with over 800 lives lost. So, it’s no surprise that on August 28, 2023, a new hands-free law went into effect to prohibit all drivers from using a handheld electronic communications device while driving.
Of course, this begs the question, “What’s a hands-free law?” And even more importantly, “what counts as a ‘handheld electronic communications device’ under this law?” The following information will address these questions and others, to help you understand Missouri’s new law and how you can avoid violating it.
What is a “Hands-Free” Law?
Designed to keep drivers focused on the road instead of their electronic devices, hands-free laws either ban the use of handheld devices while driving or limit their use to voice-activated functions. The goal behind these laws is to reduce the amount of accidents caused by distracted driving, thus reducing the injuries or deaths resulting from them.
Over half of the states in America have a hands-free law, though some are stricter than others. While most completely ban the use of handheld devices while driving, some states only apply hands-free laws to certain age groups, professions, or areas, like work zones.
Missouri’s 2023 Cell Phone Law
The new Siddens Bening Hands-Free Law (Revised Missouri Statute 304.822) is one of the stricter versions of today’s hands-free laws. It expressly forbids drivers from using cell phones in any capacity while driving. It aims to go beyond texting and driving to prevent any distracted driving due to an electronic device.
Important Driving Ban Definitions
Perhaps the two most important definitions in the new law revolve around electronic devices and their hands-free functions.
- “Electronic communication device [is] a portable device that is used to initiate, receive, store, or view communication, information, images, or data electronically.”
- “Voice-operated or hands-free feature or function [is] a feature or function, whether internally installed or externally attached or connected to an electronic communication device, that allows a person to use an electronic communication device without the use of either hand, except to activate, deactivate, or initiate the feature or function with a single touch or single swipe.”
The law also goes into great detail on which devices it does and doesn’t apply to:
| Is an Electronic Communication Device | Is Not an Electronic Communication Device |
| cellular telephones and personal digital assistants | radios, such as citizen band radios, commercial two-way radios, and amateur or ham radios |
| text-messaging devices | subscription-based emergency communication devices |
| pagers | prescribed medical devices |
| computers, such as tablets, laptops, notebook computers, and video game systems | GPS receivers, security, navigation, communication, or remote diagnostic systems permanently affixed to the vehicle |
| devices that transmit, retrieve, or display a video, movie, broadcasted television, or visual image | |
| any substantially similar devices that initiate or receive communication or store and review information, videos, images, or data |
Prohibited Driving Behaviors
Under the new hands-free law, drivers aren’t allowed to do any of the following with an electronic communication device:
- Write, send, or read any text-based communication, including but not limited to a text message, instant message, email, or social media interaction
- Manually enter letters, numbers, or symbols into any website, search engine, or application
- Physically hold or support the device, with any part of his or her body
- Make any communication, including a phone call, voice message, or one-way voice communication
- Engage in any form of electronic data retrieval or electronic data communication
- Record, post, send, or broadcast video, including a video conference; however this doesn’t apply to devices used for the sole purpose of continually monitoring operator behavior by recording or broadcasting video within or outside the vehicle
- Watch a video or movie, other than data related to the navigation of the vehicle
As you may have guessed, the one caveat to a few of these prohibitions is when drivers are using a hands-free or voice-operated feature. For example, drivers aren’t prohibited from using a car speakerphone feature to answer cell phone calls or direct a device to convert verbal messages into text, so long as drivers don’t divert their attention from operating the car.
Of course, there are other exceptions to this law, such as police officers or emergency vehicle operators, and parked or unmoving cars. Regardless, if you’re driving your car, it’s best to avoid using any feature or device that isn’t hands-free or voice-operated.
Penalties for Violating the Law
Fines for violating the law increase in amount based on whether or not the driver has past violations of the law on their record:
- $150 – No prior convictions in the preceding 24 months
- $250 – One prior conviction in the preceding 24 months
- $500 – Two or more prior convictions in the preceding 24 months, or if the violation occurred in a construction area or school zone
Additionally, any violations that cause property damage of $5,000 or more will be charged as a class D misdemeanor, while those that cause serious injuries to another person will be charged as class B misdemeanors. Violations that cause the death of another person are a class D felony.
What to Do If You Violate Missouri’s Hands-Free Law?
If you are pulled over by a police officer and they issue a ticket for driving while texting or careless and imprudent driving, contact an experienced traffic attorney in your area as soon as possible. Obviously, make sure you’re not driving while you do it, but the earlier you can provide details on your traffic ticket the better your attorney will be able to explain your options and build your defense.