Hands

Jul 03, 2023

A hands-free driving law is among the flurry of new legislation taking effect today in Missouri.

State lawmakers passed about 40 non-budget bills during the 2023 legislative session, which ran from January to May. Gov. Mike Parson signed off on all but one, setting them up to take effect today.

The new laws touch a wide range of topics, from loosening restrictions on physical therapist visits to creating legal protections around the personal information of judges and their families. A number of new criminal offenses came out of the session as well, such as felony charges for interfering with livestock transportation and a range of fines and charges for using a cell phone while on Missouri roadways.

Drivers can no longer physically hold devices, make calls, text, send emails, search the internet, watch videos or browse social media while traveling in Missouri. The ban applies to all drivers and replaces Missouri's previous restriction on drivers 21 and younger.

Missouri was one of two states that didn't have a universal ban on texting and driving -- something traffic safety advocates worked to change for years.

"We know it's really been an uphill battle in the Legislature to get this law across the finish line," said Nick Chabarria, a spokesman for AAA Missouri. "We're excited to see it finally going into effect on Monday. We know that it's going to make our Missouri roadways safer for all road users and it's going to save countless lives."

During the legislative session, AAA Missouri hosted a rally in support of the bill. It's now working to educate drivers about what it entails.

The ban applies to cell phones, digital assistants, computers, tablets, video game systems and other electronic devices used for communication or accessing the internet. It does not apply to radios, commercial radios, prescribed medical devices, GPS receivers or other devices affixed to vehicles. Non-commercial drivers are still permitted to use voice-activated functions on their device, according to the law. It also carves out specific exemptions for law enforcement and emergency vehicle operators.

Those in violation of the law would be subject to up to $150-$500 in fines, depending on whether the driver has prior infractions or used their phone in a construction work zone or school zone. Commercial drivers in violation of the law could lose their CDL license. Violations that result in property damage or serious injury could see the driver charged with a misdemeanor and violations that result in a death would be a felony.

Law enforcement agencies won't be able to enforce citations for violations until 2025 as the law requires warnings until then. It's also a secondary enforcement law, meaning officers cannot stop, inspect or detain a driver that violates the hands-free law and no others.

Chabarria said the final version of the law "certainly wasn't what we were initially hoping for," adding the version AAA proposed was a primary enforcement law. He said he still expects it to have an impact on roadway safety and culture in Missouri, even if it's just a first step.

Capt. John Hotz, director of the Missouri Highway Patrol's public information and education division, said the law's secondary classification presents a challenge for enforcement, but "our hope is that most people will not use a hand-held device because it is now against the law."

Missouri's seatbelt law is secondary for many occupants, Hotz said, but the state has a usage rate near 90 percent.

"If we could have 90 percent of the people not using hand-held devices, that would significantly reduce the number of distracted driving crashes that we see in Missouri each year," he wrote in an email to the News Tribune. "Those who continue to use hand-held devices can be addressed through enforcement efforts."

Jefferson City Police Chief Eric Wilde said he's been working to break down the hands-free law and others so officers understand the nuances when enforcing them. Wilde said he doesn't expect any challenges enforcing the law because officers will treat it like they do seatbelt requirements.

"If we pull somebody over for a primary offense and see that they are talking on their cell phone during that time, we could politely issue them that warning and ask them to comply with the law," he said.

State troopers will take a similar approach and issue only warnings until 2025, which Hotz said should serve as a form of public education about the new law. The state agency is also planning a social media campaign and collaboration with traffic safety advocates.

Wilde said he hadn't planned any form of public education on the new law but it could be a good idea. He said he's concerned residents will be upset because officers can still use their devices while on duty.

"I can already anticipate that there are going to be complaints to my office about, 'Why are police officers still on their cell phones?'" he said. "I want to make sure that the public is educated about that, but I also am informing my officers that, to set a positive example, we need to be utilizing Bluetooth technology and such hands-free technology as much as we possibly can during the performance of our activities."

More than half the country has hands-free legislation on the books and many states have seen positive results within months, Chabarria said. When Georgia adopted a hands-free law in 2018, for example, real-time phone usage fell 22 percent in the first month and traffic fatalities fell 7 percent in the first 18 months, according to AAA. Chabarria said it will be interesting to analyze real-time data on how Missouri's new hands-free legislation affects driving behavior.

Distracted driving is a leading cause of crashes in the state, according to the Missouri Department of Transportation.

There were more than 1,000 fatalities on Missouri roadways in both 2021 and 2022, according to data from the Missouri Coalition for Roadway Safety. Approximately 570 have been recorded so far this year.

Nearly 200,000 distracted driving crashes occurred between 2012-2021, resulting in 801 deaths, according to MoDOT. The National Safety Council suspects cell phones are responsible for far more distracted driving crashes than what's reported.

"We've seen a troubling and unacceptable trend of distracted driving crashes in recent years, and sadly, more times than not, someone other than the distracted driver was killed," Nicole Hood, MoDOT's state highway safety and traffic engineer, said in a news release. "We're thankful the General Assembly and Gov. Parson recognized the need for a hands-free law in Missouri. We're hopeful this law will change the safety culture around phone use while driving and save lives."

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