Under the Missouri hands-free driving law, you cannot hold or physically support a phone or other portable electronic device with any part of your body while driving on a public road. The rule lives in Section 304.822 of the Missouri Revised Statutes, known as the Siddens Bening Hands Free Law.1Missouri Revisor of Statutes. Missouri Revised Statutes 304.822 – Electronic Communication Devices It took effect August 28, 2023, with a warning period, and officers began issuing citations on January 1, 2025.
What You Can’t Do Behind the Wheel
Holding the device is itself the violation. You don’t have to look at the screen, type anything, or be in motion for an officer to write a ticket. On top of the holding ban, the statute specifically prohibits:1Missouri Revisor of Statutes. Missouri Revised Statutes 304.822 – Electronic Communication Devices
- Writing, sending, or reading any text-based message.
- Making or receiving calls or voice messages without a hands-free feature.
- Entering letters, numbers, or symbols into a website, search engine, or app.
- Retrieving electronic data or communications on a portable device.
- Watching video, with the exception of navigation data.
- Recording, posting, sending, or broadcasting video, including video calls.
The ban covers cell phones, tablets, laptops, and similar portable devices. Factory-installed infotainment screens, permanently mounted GPS units, CB radios, and ham radios are not covered.
What’s Still Allowed
You can use voice commands for calls, texts, and apps. A single tap or single swipe to activate a voice feature is permitted, but anything beyond that, like scrolling or typing, is not.1Missouri Revisor of Statutes. Missouri Revised Statutes 304.822 – Electronic Communication Devices
Navigation is allowed, including viewing a map and watching navigation-related data on screen. The device has to be mounted or sitting somewhere, because the ban on physically holding or supporting it with your body still applies. The same goes for music, podcasts, and audio broadcasts: listening is fine as long as the phone isn’t in your hand.
Red Lights and Traffic Jams Don’t Count
The statute exempts you only when you are “lawfully stopped or parked.” That means pulled over or in a parking space. Sitting at a red light, waiting at a stop sign, or crawling through bumper-to-bumper traffic does not qualify.1Missouri Revisor of Statutes. Missouri Revised Statutes 304.822 – Electronic Communication Devices Picking up your phone at an intersection is still a citable offense. If you need to use the device, pull to the curb or into a lot first.
Who’s Exempt
Beyond hands-free use and navigation, the statute carves out a few situations:1Missouri Revisor of Statutes. Missouri Revised Statutes 304.822 – Electronic Communication Devices
- Reporting an emergency and communicating with emergency personnel during the situation.
- Law enforcement, firefighters, and EMS personnel operating emergency vehicles on official duty.
- Transit, for-hire, and transportation network drivers relaying information to a dispatcher or digital network, provided the device is mounted.
- Drivers responding to roadside assistance calls for a motor club or towing company.
Utility workers are not on that list. Despite what some summaries suggest, there is no blanket exemption for utility employees responding to service calls. They are bound by the same hands-free rules as any other driver.
Fines and Criminal Charges
A standard violation is an infraction. Fines rise with repeat offenses in a rolling 24-month window:1Missouri Revisor of Statutes. Missouri Revised Statutes 304.822 – Electronic Communication Devices
- First offense: up to $150.
- Second offense within 24 months: up to $250.
- Third or later offense within 24 months: up to $500.
A violation in a work zone when workers are present, or in a marked school zone, carries an automatic fine of up to $500 regardless of whether it’s your first.
The stakes climb when a violation causes harm. If it directly causes more than $5,000 in property damage, the charge becomes a Class D misdemeanor. If it causes serious physical injury, a Class B misdemeanor. If it directly causes a death, a Class D felony.1Missouri Revisor of Statutes. Missouri Revised Statutes 304.822 – Electronic Communication Devices
On license points, Section 304.822 classifies the standard offense as an infraction but doesn’t itself assess points. Whether points attach depends on Missouri’s broader point schedule in Section 302.302. For current treatment, check with the Missouri Department of Revenue.
Added Rules for Commercial Drivers
Commercial drivers follow every rule above and then some. When using a hands-free feature, a commercial driver has to stay seated and buckled. Reading messages on a permanently installed commercial communication device is allowed, but only if the screen is no larger than 10 inches by 10 inches.1Missouri Revisor of Statutes. Missouri Revised Statutes 304.822 – Electronic Communication Devices
The bigger consequence: any hands-free violation counts as a serious traffic violation for CDL disqualification purposes. Enough of them can mean suspension or revocation, and for a professional driver that means losing the job.
Drivers 21 and Under
A separate, older statute, Section 304.820, bars anyone 21 or younger from sending, reading, or writing a text or electronic message on a handheld device while driving. Violations under 304.820 are explicitly moving violations for point assessment.2Missouri Revisor of Statutes. Missouri Revised Statutes 304.820 Both laws apply to younger drivers, so a 20-year-old texting while holding a phone could technically face penalties under each.
Staying Compliant
Mount the phone on your dashboard or windshield before you start driving and use voice commands for calls and messages. A basic mount costs a few dollars. If you need to type an address, pick a song, or write a reply, pull into a parking lot first. That habit keeps a $150 ticket from turning into something far worse if a moment of distraction causes a crash.