304.822. Electronic communication device, use of while driving prohibited, when — citation of law — definitions — school bus operations, prohibited acts — inapplicability, when — penalties for violations — search of device, right to decline — preemption.
Drivers can’t use handheld devices behind the wheel in Missouri
This law, called the “Siddens Bening Hands Free Law,” says you can’t hold or use your phone or other electronic device while driving—unless you’re using hands-free features. There are rules, exceptions, and penalties based on what happens.
1. This law is officially called the “Siddens Bening Hands Free Law.”
2. Definitions include:
- Electronic communication device: phones, tablets, laptops, or anything used to send or receive info—but not radios, GPS, or built-in systems.
- Operating: physically controlling a vehicle.
- Voice-operated or hands-free: device used without hands, except for a single tap or swipe.
3. While driving, you cannot:
- Hold a phone or device
- Send, read, or write texts (unless using voice-to-text hands-free)
- Make calls without hands-free
- Search websites or enter info manually
- Watch videos (except navigation)
- Record or send video (except for dashcams monitoring the driver)
4. School bus drivers may not use devices while driving, unless it’s like a two-way radio for emergencies. They also can’t use devices while loading or unloading kids.
5. The law does not apply to:
- Police or emergency workers doing their jobs
- People calling 911 in an emergency
- Hands-free use by drivers
- Drivers parked or stopped
- Commercial drivers using built-in communication systems
- Navigation apps, music, or ride-share apps—if device is mounted
6. Penalties:
- 1st offense: up to $150 fine
- 2nd offense (within 24 months): up to $250 fine
- 3rd+ offense (within 24 months): up to $500 fine
- In work or school zones: up to $500 fine
- If it causes:
- $5,000+ in damage: Class D misdemeanor
- Serious injury: Class B misdemeanor
- Death: Class D felony
- Commercial drivers: this counts as a serious traffic violation
7. Police must tell drivers they can say no to a phone search. A warrant is only allowed if there was serious injury or death.
8. A hands-free violation alone cannot be used to justify other searches.
9. Reports about this law must follow the rules in §590.650.
10. This law overrides any local laws about phone use while driving.
11. Until January 1, 2025, officers can only give warnings for this law—not tickets.
12. You cannot be stopped by police just for violating this law alone.
Contact us online or call (314) 900-HELP to talk with a Missouri traffic tickets lawyer.
