Missouri Hands-Free Law: What You Can Do and the Fines
What does the Missouri hands-free law ban, and what is the fine?
Missouri drivers may not hold or support a phone, text by hand, type into an app, or watch or record video. Hands-free calls and voice-to-text are allowed. A violation is an infraction. The fine is up to $150 for a first offense, up to $250 with one prior conviction in 24 months and up to $500 with two or more.
Where the Missouri hands-free rules come from
The rules come from Revised Statutes of Missouri (RSMo) section 304.822, the Siddens Bening Hands Free Law. The Missouri Driver Guide, chapter 16, explains the rules in plain words. The Missouri Department of Transportation (MoDOT) gave the crash numbers in a 2023 news release. This guide is current as of 2026. Confirm the rules with the Missouri Department of Revenue (dor.mo.gov) before you drive.
What is the Siddens Bening Hands Free Law?
It is the Missouri law that stops drivers from using a handheld electronic communication device. The law came from Senate Bill 398 of 2023 and took effect on August 28, 2023. It covers all drivers, on any highway and on any property open to the public for vehicular traffic.
Missouri had nearly 200,000 distracted driving crashes from 2012 to 2021, with at least 801 deaths.
Can police give you a ticket now?
Yes. Before January 1, 2025, an officer who stopped a noncommercial vehicle for this violation could only give a warning. That period has ended, and a violation is now an infraction. Police cannot stop, inspect or detain you solely for this violation.
What you can and cannot do while driving in Missouri
| You cannot | You can |
|---|---|
| Hold or support a phone with any part of your body, including between your ear and shoulder | Talk on the phone with the built-in speaker, in-car Bluetooth or an ear bud or headset |
| Write, send or read a text message, instant message, email or social media post by hand | Send a text by voice-to-text, if you keep your attention on driving |
| Type letters, numbers or symbols into a website, search engine or app | Use phone GPS navigation or view a map for navigation |
| Watch a video or movie, or record, post, send or broadcast video, including a video conference | Listen to an audio broadcast, music or a podcast |
What counts as hands-free?
A hands-free feature lets you use the device without either hand, except for one single touch or single swipe to start or stop it. So a tap to start a call, then a spoken conversation, fits the law. Scrolling, typing or holding the phone does not. The practice question on hands-free functions allowed in Missouri tests this rule.
The law covers cell phones, tablets, laptops and game systems. It does not cover systems permanently fixed in the vehicle, such as a built-in GPS or navigation unit.
Can you hold your phone at a red light?
The law applies while you are "operating" the vehicle, which means while you are in actual physical control of it. It does not apply while the vehicle is "lawfully stopped or parked". The safe plan is to keep the phone in a mount and use voice features, or to park before you pick it up. Check your email and voicemail before you drive or when you reach your destination, and set an auto-reply message that says you are driving. A call held between your ear and shoulder is a violation. The question on holding a phone between ear and shoulder covers that case.
Missouri hands-free fines
| Situation | Penalty |
|---|---|
| First offense: no conviction under this law in the prior 24 months | Fine of up to $150 (U.S. dollars) |
| One prior conviction in the prior 24 months | Fine of up to $250 |
| Two or more prior convictions in the prior 24 months | Fine of up to $500 |
| Violation in a work zone when workers are present, or in a marked school zone | Fine of up to $500 |
| Violation that causes damage to property of more than $5,000 | Class D misdemeanor |
| Violation that causes serious physical injury to another person | Class B misdemeanor |
| Violation that causes the death of another person | Class D felony |
Hands-free rules for commercial drivers in Missouri
The law covers commercial motor vehicles too. A commercial driver may use a voice-operated or hands-free feature only while seated and restrained by a seat belt. For a commercial driver, a violation counts as a serious traffic violation under the rules for commercial driver license disqualification.
Your rights at a Missouri hands-free stop
- If you drive a noncommercial vehicle, the officer who stops you for this violation must tell you that you have the right to decline a search of your phone.
- A court cannot issue a warrant to take or open your phone for this violation, unless the violation causes serious bodily injury or death.
- A hands-free violation cannot be used as probable cause for any other violation.
- State law overrides local rules, so the same law applies in every Missouri city and county.
Key takeaways
- Do not hold or support a phone while you drive in Missouri. Do not text, type, watch video or record video by hand.
- Hands-free calls, voice-to-text, GPS and audio are allowed. A hands-free feature may need one single touch or swipe to start or stop.
- A violation is an infraction with a fine of up to $150, $250 or $500. Up to $500 also applies in a work zone with workers present or a marked school zone. A crash can bring a misdemeanor or a felony.
- Park before you use your phone by hand. A lawfully stopped or parked vehicle is exempt.
- Next step: practice the rules of the road on the free Missouri Class F practice test.
Missouri hands-free law: common questions
Can I use my phone for GPS in Missouri?
Yes. The law allows you to use a device to view a map for navigation. Typing an address into an app while you drive is not allowed, so enter the address before you start or use your voice. Keep the phone in a mount, because holding it is still a violation.
Can I listen to music or a podcast on my phone while driving?
Yes. The law exempts using a device to access or listen to an audio broadcast or a digital audio recording. You still cannot hold the phone or type into it. Choose your playlist before you drive, or use a voice command.
Can I call 911 while driving in Missouri?
Yes. The law does not apply when you use a device only to report an emergency and to keep talking with emergency personnel during the emergency. Use a hands-free feature if you can, or park first when it is safe.
Can rideshare or taxi drivers use their phone for trips in Missouri?
Yes, for trip information. The law does not apply to a device that relays information through a transportation network company's digital network to its driver, if the device is mounted or affixed to the vehicle. A transit or for-hire driver may also use a mounted device to talk with a dispatcher. Other phone use follows the normal rules.
Does the law apply to a teen driver or a driver with a permit?
Yes. The law covers all drivers, so a driver with a Missouri instruction permit or intermediate license follows the same rules and fines. For the other penalties that can affect a young driver, see the guide to Missouri teen points and penalties.
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