Missouri Bans Electronic Devices While Driving

WHAT IS MISSOURI’S NEW LAW ON “ELECTRONIC COMMUNICATION DEVICE” (ECD) USAGE WHILE OPERATING A VEHICLE – Law takes effect 8/28/2023 – RSMo 304.822

The law is effective 8/28/23 but non-commercial drivers can only be issued warnings for violations until 1/1/25. As of 1/1/25 violations can be an Infraction, Misdemeanor or a Felony depending on the circumstances of the violation. Operators of commercial and noncommercial vehicles cannot hold, read, view or use an electronic communication device (phones, tablets, laptops, beepers, televisions, video screens etc.) while driving unless lawfully stopped (red light) or parked. There are limited exceptions for hands free and voice activated devices. There are limited exceptions for certain types of special operators and certain special circumstances.

The law applies broadly to all public roads, highways, interstates (or the like, etc.) located within Missouri and applies to any other property held open regularly to the public for vehicular traffic. Noncommercial operators have the right to decline an officer’s request to search or seize your electronic communication device. A warrant can only issue for search and seizure if the violation resulted in serious bodily injury or death. No operator can be stopped or detained solely for violation of only this law.

What is an “electronic communication device” (ECD) under this law? A portable device used to initiate, receive, store or view communication, information, images or data electronically. This specifically DOES include, but is not limited to: cell phones, tablets, pagers, laptops, gaming systems, video players, televisions, or similar devices. This does NOT include: radios, commercial 2 way radios, subscription based emergency communication devices, prescribed medical devices, GPS receives, security, navigation, communication systems permanently affixed to the vehicle.

Within Missouri on any “highway” (public thoroughfare for vehicles, state roads, county roads, public streets, avenues, boulevards, parkways, or alleys) or property open to the public for vehicular traffic.

This law applies to all operators of any commercial or noncommercial motor vehicle, HOWEVER except the law does NOT apply to the following persons/situations: 1) law enforcement using ECD in their official duties; 2) operators using ECD to report an emergency; 3) operators of noncommercial vehicles using ECD solely via voice operated or hands free feature; 4) operators of commercial vehicles using ECD via voice operated or hands free feature only when remaining seated & in a seatbelt; 5) operators of commercial vehicles reading a message displayed in a permanently installed communication device with a screen not exceeding 10″ x 10″; 6) operators using ECD that are lawfully stopped or parked; 7) commercial vehicles responding to request for roadside assistance through a motor club or towing company; ECD used to relay information between transit or for-hire vehicle operators and that operator’s dispatcher so long as the device is mounted to the vehicle; 9) ECD used to access or view a map for navigation; 10) ECD used for listening to audio broadcast or digital audio recording; 11) ECD used to relay information through a transportation network company’s digital network to a transportation network company driver so long as the device is mounted to the vehicle.

1) no operator may physically hold or support, with any part of their body, an ECD; 2) no operator may write, send, or read any text message, instant message, email, or social media interaction on an ECD (unless using voice operated or hands free feature AND not diverting your attention from operating the vehicle) ; 3) no operator may make any communication on an ECD, including a phone call or voice message (unless using voice operated or hands free feature); 4) no operator may engage in any form of electronic data retrieval or communication on an ECD; 5) no operator may manually enter letters, numbers, or symbols into any website, search engine or app on an ECD; 6) no operator may watch a movie or video on an ECD (unless watching data related to navigation of the vehicle); 7) no operator may record, post, send, or broadcast video, or participate in a video conference (unless it is an electronic device used for the sole purpose of continually monitoring operator behavior by recording or broadcasting video within or outside the vehicle).

Violation can be an Infraction, Misdemeanor or even a Felony depending on the circumstances of the violation: 1) Infraction: Violation with no property damage or injury involved is an “Infraction”. Penalties for Infraction violation: Fine up to $150 for conviction when there are no prior convictions in the prior 24 months. Fine up to $250 for conviction when there is one prior conviction in the prior 24 months. Fine up to $500 for conviction when there are two or more convictions in the prior 24 months. Fine up to $500 for conviction for violation in a work zone with workers present, or in a marked school zone; 2) Class D Misdemeanor: Violation that was proximate cause of property damage in excess of $5,000 shall be a Class D Misdemeanor; 3) Class B Misdemeanor: Violation that was proximate cause of serious physical injury to another person shall be a Class B Misdemeanor; 4) Class D Felony: Violation that was proximate cause of death to another person shall be a Class D Felony; 5) Violation while operating a Commercial Vehicle shall be deemed a “serious traffic violation” for purposes of a CDL disqualification under 302.755.

1) An Officer is REQUIRED to inform any noncommercial operator that he has a right to decline a search of their ECD; 2) No warrant shall be issued for search or confiscation unless the violation resulted in a serious bodily injury or death; 3) violation of this law alone shall not be used as probable cause for any other violation; 4) No operator shall be stopped, inspected or detailed solely for violation of this law; 5) No noncommercial operator shall be issued a citation for violation of this law prior to 1/1/2025, but instead shall be issued only a warning prior to such date.