Missouri Hands-Free Law: Rules, Fines, and Exemptions

Missouri’s hands-free law, officially the Siddens Bening Hands-Free Law at RSMo § 304.822, makes it illegal to hold or manually use a phone, tablet, or similar electronic device while driving on any public road in the state. The rule took effect August 28, 2023, but officers could only issue warnings through the end of 2024. Real citations with real fines started January 1, 2025.¹ It applies to every driver, not just those under 21 as the old texting ban did.

What You Can’t Do Behind the Wheel

The central rule is physical: you can’t hold or support an electronic device with any part of your body while operating a vehicle. A phone resting on your thigh counts. A phone cradled between your shoulder and ear counts. And “operating” includes sitting at a red light or stuck in stopped traffic, because you still have physical control of the vehicle.¹

On top of the no-holding rule, the statute specifically prohibits:

Writing, sending, or reading texts, emails, instant messages, or social media posts.
Making or receiving voice calls or voice messages without a hands-free feature.
Manually typing letters, numbers, or symbols into any website, app, or search engine.
Watching videos, movies, or broadcasts, with navigation displays excepted.
Recording, streaming, posting, or broadcasting video, including video conferences. Continuous driver-monitoring dash cams are the one carve-out.

The definition of “electronic communication device” is wide: phones, tablets, laptops, pagers, gaming devices, and anything comparable that sends, receives, or displays electronic data. Equipment built permanently into the vehicle, like factory navigation, is excluded, and so are standard radios, CB radios, and ham radios.¹

What’s Still Allowed

You can use your phone. You just can’t hold it. Mount it on the dash or windshield, pair it to Bluetooth, speakerphone, or your car’s infotainment system, and you’re within the law. Voice-to-text is permitted so long as you aren’t manually typing or taking your eyes off the road to compose.¹

A single touch or swipe to activate, deactivate, or launch a hands-free feature is fine. Tapping to answer a Bluetooth call, or swiping to open a voice assistant, both qualify. What’s out is lingering on the screen to type an address or scroll a playlist. For navigation, set your destination before you pull away, or change it by voice.

Fines for a Violation

Penalties scale with how many convictions you’ve picked up in the previous 24 months:

First offense: fine of up to $150.
Second offense within 24 months: fine of up to $250.
Third or later offense within 24 months: fine of up to $500.

A violation in a marked school zone, or in a work zone with workers present, carries a fine of up to $500 no matter whether it’s your first ticket.¹

Consequences climb sharply when a hands-free violation contributes to a crash causing serious bodily injury or death. At that threshold, the statute allows warrants to confiscate or access the device, and the matter moves beyond a routine traffic fine.¹

How Police Enforce It

This is a secondary enforcement law. Officers cannot stop, inspect, or detain you solely for a hands-free violation.¹ They need another reason first, such as swerving, speeding, or running a light. Once you’re pulled over for something else, a phone in your hand becomes an add-on citation.

Your Right to Decline a Phone Search

At a stop involving a hands-free violation, officers are required to tell you that you have the right to decline a search of your device. No warrant can be issued to confiscate or access it based on the hands-free violation alone, unless that violation resulted in serious bodily injury or death.¹

Who Is Exempt

A short list of situations falls outside the law:

Law enforcement officers, firefighters, and emergency vehicle operators using a device in the performance of official duties.
Any driver using a device solely to report an emergency and to keep communicating with emergency personnel during that situation.
Vehicles that are lawfully parked. Operating requires actual physical control on a highway or public road, so a parked car isn’t covered.

These exemptions are read narrowly. An off-duty officer driving home doesn’t get a pass, and “reporting an emergency” won’t cover calling a family member about a flat tire.¹

School bus drivers face a stricter version. While the bus is in motion, no electronic device use is allowed except a two-way-radio-style device for live communication with school officials or public safety personnel. During loading and unloading, even that two-way radio is off-limits.¹

Points, License Suspension, and Insurance

Missouri’s older texting statute, RSMo § 304.820, classifies violations as moving violations for point assessment.² Points on your Missouri record add up fast. Eight points in 18 months triggers a license suspension: 30 days the first time, 60 the second, 90 the third. Twelve points in 12 months, 18 in 24 months, or 24 in 36 months brings a full one-year revocation.³

Points do fade. A year without a new violation cuts your total by one-third, two clean years cuts the remaining balance in half, and three clean years zeroes out the points. Some conviction types stay listed on your record permanently even after the points come off.³

Insurance is the quieter cost. Missouri doesn’t dictate what carriers charge, but a distracted-driving conviction gives your insurer a reason to raise your premium at renewal. Industry data suggests increases often fall between roughly 4% and 23%, depending on the insurer and the rest of your record. Over a few renewal cycles, that can outstrip the original ticket by a wide margin.

Extra Rules for Commercial Drivers

If you hold a CDL, the state law is only one layer. Federal Motor Carrier Safety Administration rules independently ban handheld phone use while operating a commercial motor vehicle, and the federal fines are much larger: up to $2,750 for the driver and up to $11,000 for an employer who requires or allows the behavior.⁴ Repeat handheld violations count as serious traffic violations for CDL purposes and can lead to disqualification. For a commercial driver, a quality hands-free setup is the cost of keeping your license.

1
Missouri Revisor of Statutes. Missouri Code 304.822 – Siddens Bening Hands Free Law
2
Missouri Revisor of Statutes. Missouri Code 304.820 – Text Messaging While Operating a Motor Vehicle Prohibited
3
Missouri Department of Revenue. Tickets and Points FAQs
4
FMCSA. New Mobile Phone Restriction Rule For Commercial Motor Vehicle Drivers