Texting While Driving Laws in Missouri: Staying Safe and Legal

Texting while driving has become a significant concern for road safety, leading to the implementation of stricter laws across many states. 

In Missouri, the recently passed Siddens Bening Hands-Free Law (more information below) marks a major shift in how drivers can legally use their phones behind the wheel. With new regulations, it’s more important than ever for Missouri drivers to understand what is and isn’t allowed in traffic law to ensure they stay both safe and legal on the road. 

In this blog, we will break down the key aspects of the law, helping you navigate the changes and avoid unnecessary penalties.

The Dangers of Texting and Driving 

We all want to avoid car accidents when and where we can. Because of that, texting and driving laws have been in hot debate in many legislatures for over a decade now. 

According to the National Highway Traffic Safety Administration, using a phone while driving contributes to more than 40,000 motor vehicle accidents in the U.S. each year. 

These accidents include more than 20,000 injuries each year, including a number of fatalities.

In response to these statistics, many state and local governments have taken action.

Missouri Laws for Texting and Driving

Missouri has a history of traffic laws involving phone usage while driving. In the past, the state was considered to have some of the most lax restrictions — with some only applying to minors while driving.

Since 2023, that has changed. A new law was passed that changed the general rules, and it’s important that you understand these changes.

Breaking Down Siddens Bening Hands Free Law

The new law is known as the Siddens Bening Hands Free Law. For anyone interested in looking it up as a matter of state code, look for Senate Bill 56 & 61, section 304.822.

The Siddens Bening Hands Free Law, passed in Missouri, bans the use of handheld phones and other electronic devices while driving, effective January 1, 2025. 

This law prohibits drivers from texting, reading, or manually entering information into a device while the vehicle is in operation. However, it allows for hands-free use through voice commands or other mechanisms, with certain exceptions for emergency situations, law enforcement, and commercial use of two-way radios. Violations of the law can result in fines and points on the driver’s license.

Ban on Phones

The first takeaway from the law is a general ban on using phones while driving. This ban extends to other portable electronic devices. The law explicitly bans the use of phones while the vehicle is in operation, with some notable exceptions that will be discussed further down.

If you would like to read the law in its original form, you can find it on the Missouri state website.

Effective Dates

The bill was signed into law August 28, 2023. Before you let that date worry you, it did not take immediate effect.

Instead, the law included a provisional period where law enforcement can issue warnings but not citations.

As of January 1, 2025, law enforcement will be able to issue citations for driving while using mobile electronic devices.

As of this writing, the grace period is still in effect, giving you time to make any necessary adjustments.

Banned Activities

In general, the law bans any use of a phone (or electronic device) that requires your hands.

List activities include texting, reading, writing, sending text-based communications (such as through social media or email), and even watching videos.

Explicitly described is a ban on holding the device while driving as well as manually entering any numbers, letters, or symbols into the device.

Keep in mind that this applies to active vehicle operation. Passengers are exempt. Drivers are also exempt while the vehicle is properly parked (this does not include stops in traffic, at traffic lights, or at road signs).

With that said, there are a few notable exceptions that we can cover.

Hands-Free Exception

The biggest exception in the law is the use of hands-free devices. If you use voice commands or other hands-free mechanisms to place a call, send a text, or have a message read to you, then you are within compliance.

This is true for all drivers. Completely hands-free use of the device is allowed, but remember that reading messages or watching videos is expressly forbidden.

Other Exceptions

There are a few other important exceptions to the rule.

If a driver needs to use hands to contact emergency services, that is allowed. If you need to use your hands to stay on a call with emergency services, that is also allowed.

As an example, if you see a motor vehicle accident while driving, you can pick up your phone to dial 911, and you can use your hands to stay on the phone as long as the operator asks you to stay in contact.

Another exception involves two-way radios. While they can be described as portable electronics, hand operation of two-way radios is allowed for commercial applications.

As an example, a truck driver in a construction crew can use a hand-operated radio to communicate with other members of the crew.

A third exception applies specifically to law enforcement. While on duty, they can use electronic devices as needed.

Lastly, there is an exception for permanently installed electronic devices. For instance, if you have a navigation screen installed in your vehicle, you are allowed to look at it and operate it with your hands for the sake of navigation. This exception does not extend to mounted portable devices, even if they are in use for navigation.

Penalties

What happens if you get a citation for violating the new rule?

After January 1, 2025, citations will incur a fine. A first offense can come with a fine as little as $50. Repeat or compounded offenses can raise the fines up to $500.

Additionally, any citation will penalize your license by at least two points.

Please keep in mind that circumstances can increase penalties. Using a phone in a construction zone is likely to expand your fines and penalties, for example.

Notes for Commercial Driving

For most drivers, the rules are fairly straightforward and easy to understand. Don’t hold your phone in your hand. Use voice assistants, and you should be able to avoid trouble.

In commercial settings, issues might be more complicated. Regardless, commercial drivers do not have special exceptions when it comes to hand-directed use of mobile devices. If necessary, rethink some of your operational strategies to keep drivers in compliance.

Have Questions? Ask a Legal Representative Today!

That covers the essentials of the new texting while driving law in Missouri. If you have any other questions, feel free to reach out to Solan Law in Independence, MO. We provide legal representation for many situations across the Kansas City Metro involving motor vehicles, and we’ll be happy to answer your questions and help you find a good path forward.