Missouri Revised Statutes
Chapter 304 - Traffic Regulations
Section 304.820 - Text messaging and using a hand-held mobile device while operating a motor vehicle prohibited, when — exceptions — definitions — violation, penalty.

Effective - 28 Aug 2013, 2 histories
304.820. Text messaging and using a hand-held mobile device while operating a motor vehicle prohibited, when — exceptions — definitions — violation, penalty. — 1. Except as otherwise provided in this section, no person twenty-one years of age or younger operating a moving motor vehicle upon the highways of this state shall, by means of a hand-held electronic wireless communications device, send, read, or write a text message or electronic message.
2. Except as otherwise provided in this section, no person shall operate a commercial motor vehicle while using a hand-held mobile telephone.
3. Except as otherwise provided in this section, no person shall operate a commercial motor vehicle while using a wireless communications device to send, read, or write a text message or electronic message.
4. The provisions of subsection 1 through subsection 3 of this section shall not apply to a person operating:
(1) An authorized emergency vehicle; or
(2) A moving motor vehicle while using a hand-held electronic wireless communications device to:
(a) Report illegal activity;
(b) Summon medical or other emergency help;
(c) Prevent injury to a person or property; or
(d) Relay information between a transit or for-hire operator and that operator's dispatcher, in which the device is permanently affixed to the vehicle.
5. Nothing in this section shall be construed or interpreted as prohibiting a person from making or taking part in a telephone call, by means of a hand-held electronic wireless communications device, while operating a noncommercial motor vehicle upon the highways of this state.
6. As used in this section, "electronic message" means a self-contained piece of digital communication that is designed or intended to be transmitted between hand-held electronic wireless communication devices. "Electronic message" includes, but is not limited to, electronic mail, a text message, an instant message, or a command or request to access an internet site.
7. As used in this section, "hand-held electronic wireless communications device" includes any hand-held cellular phone, palm pilot, blackberry, or other mobile electronic device used to communicate verbally or by text or electronic messaging, but shall not apply to any device that is permanently embedded into the architecture and design of the motor vehicle.
8. As used in this section, "making or taking part in a telephone call" means listening to or engaging in verbal communication through a hand-held electronic wireless communication device.
9. As used in this section, "send, read, or write a text message or electronic message" means using a hand-held electronic wireless telecommunications device to manually communicate with any person by using an electronic message. Sending, reading, or writing a text message or electronic message does not include reading, selecting, or entering a phone number or name into a hand-held electronic wireless communications device for the purpose of making a telephone call.
10. A violation of this section shall be deemed an infraction and shall be deemed a moving violation for purposes of point assessment under section 302.302.
11. The state preempts the field of regulating the use of hand-held electronic wireless communications devices in motor vehicles, and the provisions of this section shall supercede any local laws, ordinances, orders, rules, or regulations enacted by a county, municipality, or other political subdivision to regulate the use of hand-held electronic wireless communication devices by the operator of a motor vehicle.
12. The provisions of this section shall not apply to:
(1) The operator of a vehicle that is lawfully parked or stopped;
(2) Any of the following while in the performance of their official duties: a law enforcement officer; a member of a fire department; or the operator of a public or private ambulance;
(3) The use of factory-installed or aftermarket global positioning systems (GPS) or wireless communications devices used to transmit or receive data as part of a digital dispatch system;
(4) The use of voice-operated technology;
(5) The use of two-way radio transmitters or receivers by a licensee of the Federal Communications Commission in the Amateur Radio Service.
­­--------
(L. 2009 H.B. 62, A.L. 2013 H.B. 103)

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Structure Missouri Revised Statutes

Missouri Revised Statutes

Title XIX - Motor Vehicles, Watercraft and Aviation

Chapter 304 - Traffic Regulations

Section 304.001 - Definitions for chapter 304 and chapter 307.

Section 304.005 - Autocycle — defined—protective headgear not required — valid driver's license required to operate.

Section 304.009 - Speed limit — violation, penalty.

Section 304.010 - Definitions — maximum speed limits — cities, towns, villages, certain counties, may set speed limit, how set — slower speeds set, when — violations, penalty.

Section 304.011 - Slow speed, regulation of — agricultural implements, slower speeds, when, special permits required — penalties.

Section 304.012 - Motorists to exercise highest degree of care — violation, penalty.

Section 304.013 - All-terrain vehicles, prohibited on highways, rivers or streams of this state, exceptions, operational requirements — special permits — prohibited uses — penalty.

Section 304.014 - Rules of the road to be observed.

Section 304.015 - Drive on right of highway — traffic lanes — signs — violations, penalties.

Section 304.016 - Passing regulations — violations, penalties.

Section 304.017 - Distance at which vehicle must follow, penalty.

Section 304.019 - Hand and mechanical signals, violations, penalty.

Section 304.022 - Emergency and stationary vehicles — use of lights and sirens — right-of-way — procedure — penalty.

Section 304.023 - Passing stopped streetcars, penalty.

Section 304.024 - Crosswalks and parking regulations established — signs — violation, an infraction.

Section 304.025 - Highway and vehicle defined.

Section 304.027 - Spinal cord injury fund created, uses — surcharge imposed, when.

Section 304.028 - Brain injury fund created, moneys in fund, uses — surcharge imposed, when.

Section 304.029 - Operation of low-speed vehicles on highway, permitted when — exemptions.

Section 304.030 - Certain buses and trucks to stop at railroad crossing, when — exception, requirements.

Section 304.031 - Traffic signal preemption system, use of, permitted when — violations, penalty.

Section 304.032 - Utility vehicles, operation on highway and in streams or rivers prohibited — exceptions — passengers prohibited — violations, penalty.

Section 304.033 - Recreational off-highway vehicles, operation on highways prohibited, exceptions — operation within streams and rivers prohibited, exceptions — license required for operation, exception.

Section 304.034 - Municipalities may regulate golf cart and motorized wheelchair usage on streets and highways.

Section 304.035 - Stop required at railroad grade crossing, when — commercial motor vehicles, speed at crossings — penalty.

Section 304.040 - Failure to stop, penalty.

Section 304.044 - Buses and trucks not to follow within three hundred feet — penalty.

Section 304.050 - School buses, drivers to stop for, when — signs required on buses — crossing control arm — bus driver responsibilities — driver identity rebuttable presumption, when (Jessica's Law).

Section 304.060 - School buses and other district vehicles, use to be regulated by board — field trips in common carriers, regulation authorized — violation by employee, effect — St. Louis County buses may use word "special".

Section 304.070 - Violation of section 304.050, penalty.

Section 304.075 - School bus signs to be removed, when — misdemeanor.

Section 304.076 - Head Start buses to bear signs.

Section 304.079 - Use of designated disabled parking spaces, when.

Section 304.080 - Handicapped persons with white cane or dog, driver to take all necessary precautions — cane or dog not required to enforce rights, when.

Section 304.110 - Violation of sections 304.080 to 304.110, penalty.

Section 304.120 - Municipal regulations — owner or lessor not liable for violations, when.

Section 304.125 - Traffic violation citation quota prohibited--exception.

Section 304.130 - Regulation of vehicular traffic — notice, hearings — approval — publication of notice (first class counties).

Section 304.140 - Penalty for violations.

Section 304.151 - Driver's responsibility not to obstruct traffic — written warning, infraction, effective date.

Section 304.152 - Roadside checkpoints and roadblock patterns based on vehicle type prohibited.

Section 304.153 - Tow companies or tow lists, utilization of by law enforcement and state transportation employees—definitions—requirements—unauthorized towing, penalty—inapplicability.

Section 304.154 - Towing truck company requirements—access to towed vehicles by insurance adjusters—notice to vehicle owner of transfer from storage lot or facility—display of tow company address, when.

Section 304.155 - Abandoned motor vehicles on public property, removal — hazards on land and water, removal, limited liability, when — towing of property report to highway or water patrol or crime inquiry and inspection report when, owner liable for...

Section 304.156 - Notice to towing company, owner or lienholder, when — storage charges, when authorized — search of vehicle for ownership documents — petition, determination of wrongful taking — possessory lien, new title, how issued — sale of aband...

Section 304.157 - Vehicles left unattended or improperly parked on private property of another, procedure for removal and disposition — violation of certain required procedure, penalty.

Section 304.158 - Notice to owner of abandoned property — duty of real property owner — liability of towing company — recovery for damages to real property, when — liability of real property owner for towing charges, when — information to be displaye...

Section 304.159 - Municipality may prohibit storage of certain vehicles, exceptions.

Section 304.160 - Glass, tacks, injurious substances, duty to remove from highway, when — penalty.

Section 304.170 - Regulations as to width, height and length of vehicles — inapplicability, when — implements of husbandry defined — sludge disposal units.

Section 304.172 - Fire-fighting equipment exempt from size restrictions.

Section 304.174 - Size and load restrictions not applicable to wreckers, tow trucks, rollbacks and car carriers, when.

Section 304.180 - Regulations as to weight — axle load, tandem axle defined — transport of specific items, total gross weight permitted — requirements during disasters — specific vehicles, maximum weight.

Section 304.181 - Buses, axle weight limits.

Section 304.184 - Transportation of solid waste, weight restrictions for trucks and tractor-trailers.

Section 304.190 - Height and weight regulations (cities of 75,000 or more) — commercial zone defined.

Section 304.200 - Special permits for oversize or overweight loads — rules for issuing — when valid.

Section 304.210 - Reduction of maximum weight by highways and transportation commission — notice.

Section 304.220 - Weight limits on county roads and bridges reduced, when — penalty for violation.

Section 304.230 - Enforcement of load laws — commercial vehicle inspectors, powers.

Section 304.232 - Municipal law enforcement officers, state highway patrol to approve certification procedures — fees — requirements — random roadside inspections prohibited, when — rulemaking authority.

Section 304.235 - Commercial vehicles licensed for eighteen thousand pounds or less not to stop at weigh station or be otherwise identified — confidentiality rules do not apply to commercial vehicle enforcement officers, when — penalty for evading we...

Section 304.240 - Violation of load law a misdemeanor — penalty — local log truck and local log truck tractor, violation, penalty.

Section 304.250 - Restriction on use of metal-tired vehicles — penalty.

Section 304.260 - Tractors exempt — designation of truck routes by commission.

Section 304.271 - Observance of traffic-control devices — presumptions — penalty.

Section 304.281 - Rules for traffic where controlled by light signals — right turn on red light, when — violations, penalty.

Section 304.285 - Red light violations by motorcycles or bicycles, affirmative defense, when.

Section 304.289 - Timing of signals, minimum interval times to be established.

Section 304.291 - Rules for pedestrians controlled by special signs.

Section 304.301 - Rules for vehicular traffic controlled by flashing signals — violation, penalty.

Section 304.311 - Observance of lane — direction — control signals.

Section 304.321 - Unauthorized signal devices prohibited — trafficway not to be used for signs — nuisances declared.

Section 304.331 - Alteration or removal of traffic-control devices prohibited.

Section 304.341 - Turns at intersection — violation, penalty.

Section 304.351 - Right-of-way at intersection — signs at intersections — violation, penalty — additional penalties — definitions — order of suspension, contents, appeal.

Section 304.361 - Penalty for violation of sections 304.271 to 304.351.

Section 304.373 - Hazardous materials, requirements for transportation — violations, penalties.

Section 304.570 - Penalty for violations.

Section 304.580 - Definitions.

Section 304.582 - Fines for moving violations — fines for violations in work or construction zones — signs required for assessing fines — penalty for passing in work or construction zones — not applicable to court costs.

Section 304.585 - Endangerment of a highway worker defined — fine, points assessed — aggravated endangerment of a highway worker, fine, points assessed — offense not applicable in absence of workers in zone — no citation or conviction, when — revocat...

Section 304.590 - Travel safe zone defined — doubling of fine for violation in — signage required.

Section 304.665 - Riding in open bed of truck prohibited, when, exceptions, penalty.

Section 304.670 - Collection and maintenance of certain information regarding traffic law enforcement, analyses to be conducted.

Section 304.678 - Distance to be maintained when overtaking a bicycle — violation, penalty.

Section 304.705 - Certain trucks not to drive in far left lane of certain interstate highways (St. Charles and Jefferson counties).

Section 304.725 - Veterans displaying special license plates or certain military medal recipients may park without charge in metered parking — windshield placard for veterans and certain military medal recipients — exceptions.

Section 304.820 - Text messaging and using a hand-held mobile device while operating a motor vehicle prohibited, when — exceptions — definitions — violation, penalty.

Section 304.890 - Definitions.

Section 304.892 - Violations, penalties.

Section 304.894 - Offense of endangerment of an emergency responder, elements — penalties — revocation of driver's license, when.

Section 304.900 - Personal delivery devices, authority to operate — definitions — requirements — insurance — lighting equipment required, when — personally identifiable likeness, sale of prohibited.