State Codes and Statutes

Statutes > Missouri > T19 > C304 > 304_820

Text messaging while operating a motor vehicleprohibited--exceptions--definitions--violation, penalty.

304.820. 1. Except as otherwise provided in this section, no persontwenty-one years of age or younger operating a moving motor vehicle uponthe highways of this state shall, by means of a hand-held electronicwireless communications device, send, read, or write a text message orelectronic message.

2. The provisions of subsection 1 of this section shall not apply toa person operating:

(1) An authorized emergency vehicle; or

(2) A moving motor vehicle while using a hand-held electronicwireless 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 thatoperator's dispatcher, in which the device is permanently affixed to thevehicle.

3. Nothing in this section shall be construed or interpreted asprohibiting a person from making or taking part in a telephone call, bymeans of a hand-held electronic wireless communications device, whileoperating a motor vehicle upon the highways of this state.

4. As used in this section, "electronic message" means aself-contained piece of digital communication that is designed or intendedto be transmitted between hand-held electronic wireless communicationdevices. "Electronic message" includes, but is not limited to, electronicmail, a text message, an instant message, or a command or request to accessan Internet site.

5. As used in this section, "hand-held electronic wirelesscommunications device" includes any hand-held cellular phone, palm pilot,blackberry, or other mobile electronic device used to communicate verballyor by text or electronic messaging, but shall not apply to any device thatis permanently embedded into the architecture and design of the motorvehicle.

6. As used in this section, "making or taking part in a telephonecall" means listening to or engaging in verbal communication through ahand-held electronic wireless communication device.

7. As used in this section, "send, read, or write a text message orelectronic message" means using a hand-held electronic wirelesstelecommunications device to manually communicate with any person by usingan electronic message. Sending, reading, or writing a text message orelectronic message does not include reading, selecting, or entering a phonenumber or name into a hand-held electronic wireless communications devicefor the purpose of making a telephone call.

8. A violation of this section shall be deemed an infraction andshall be deemed a moving violation for purposes of point assessment undersection 302.302, RSMo.

9. The state preempts the field of regulating the use of hand-heldelectronic wireless communications devices in motor vehicles, and theprovisions of this section shall supercede any local laws, ordinances,orders, rules, or regulations enacted by a county, municipality, or otherpolitical subdivision to regulate the use of hand-held electronic wirelesscommunication devices by the operator of a motor vehicle.

10. 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 officialduties: a law enforcement officer; a member of a fire department; or theoperator of a public or private ambulance;

(3) The use of factory-installed or aftermarket global positioningsystems (GPS) or wireless communications devices used to transmit orreceive 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 licenseeof the Federal Communications Commission in the Amateur Radio Service.

(L. 2009 H.B. 62)

State Codes and Statutes

Statutes > Missouri > T19 > C304 > 304_820

Text messaging while operating a motor vehicleprohibited--exceptions--definitions--violation, penalty.

304.820. 1. Except as otherwise provided in this section, no persontwenty-one years of age or younger operating a moving motor vehicle uponthe highways of this state shall, by means of a hand-held electronicwireless communications device, send, read, or write a text message orelectronic message.

2. The provisions of subsection 1 of this section shall not apply toa person operating:

(1) An authorized emergency vehicle; or

(2) A moving motor vehicle while using a hand-held electronicwireless 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 thatoperator's dispatcher, in which the device is permanently affixed to thevehicle.

3. Nothing in this section shall be construed or interpreted asprohibiting a person from making or taking part in a telephone call, bymeans of a hand-held electronic wireless communications device, whileoperating a motor vehicle upon the highways of this state.

4. As used in this section, "electronic message" means aself-contained piece of digital communication that is designed or intendedto be transmitted between hand-held electronic wireless communicationdevices. "Electronic message" includes, but is not limited to, electronicmail, a text message, an instant message, or a command or request to accessan Internet site.

5. As used in this section, "hand-held electronic wirelesscommunications device" includes any hand-held cellular phone, palm pilot,blackberry, or other mobile electronic device used to communicate verballyor by text or electronic messaging, but shall not apply to any device thatis permanently embedded into the architecture and design of the motorvehicle.

6. As used in this section, "making or taking part in a telephonecall" means listening to or engaging in verbal communication through ahand-held electronic wireless communication device.

7. As used in this section, "send, read, or write a text message orelectronic message" means using a hand-held electronic wirelesstelecommunications device to manually communicate with any person by usingan electronic message. Sending, reading, or writing a text message orelectronic message does not include reading, selecting, or entering a phonenumber or name into a hand-held electronic wireless communications devicefor the purpose of making a telephone call.

8. A violation of this section shall be deemed an infraction andshall be deemed a moving violation for purposes of point assessment undersection 302.302, RSMo.

9. The state preempts the field of regulating the use of hand-heldelectronic wireless communications devices in motor vehicles, and theprovisions of this section shall supercede any local laws, ordinances,orders, rules, or regulations enacted by a county, municipality, or otherpolitical subdivision to regulate the use of hand-held electronic wirelesscommunication devices by the operator of a motor vehicle.

10. 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 officialduties: a law enforcement officer; a member of a fire department; or theoperator of a public or private ambulance;

(3) The use of factory-installed or aftermarket global positioningsystems (GPS) or wireless communications devices used to transmit orreceive 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 licenseeof the Federal Communications Commission in the Amateur Radio Service.

(L. 2009 H.B. 62)


State Codes and Statutes

State Codes and Statutes

Statutes > Missouri > T19 > C304 > 304_820

Text messaging while operating a motor vehicleprohibited--exceptions--definitions--violation, penalty.

304.820. 1. Except as otherwise provided in this section, no persontwenty-one years of age or younger operating a moving motor vehicle uponthe highways of this state shall, by means of a hand-held electronicwireless communications device, send, read, or write a text message orelectronic message.

2. The provisions of subsection 1 of this section shall not apply toa person operating:

(1) An authorized emergency vehicle; or

(2) A moving motor vehicle while using a hand-held electronicwireless 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 thatoperator's dispatcher, in which the device is permanently affixed to thevehicle.

3. Nothing in this section shall be construed or interpreted asprohibiting a person from making or taking part in a telephone call, bymeans of a hand-held electronic wireless communications device, whileoperating a motor vehicle upon the highways of this state.

4. As used in this section, "electronic message" means aself-contained piece of digital communication that is designed or intendedto be transmitted between hand-held electronic wireless communicationdevices. "Electronic message" includes, but is not limited to, electronicmail, a text message, an instant message, or a command or request to accessan Internet site.

5. As used in this section, "hand-held electronic wirelesscommunications device" includes any hand-held cellular phone, palm pilot,blackberry, or other mobile electronic device used to communicate verballyor by text or electronic messaging, but shall not apply to any device thatis permanently embedded into the architecture and design of the motorvehicle.

6. As used in this section, "making or taking part in a telephonecall" means listening to or engaging in verbal communication through ahand-held electronic wireless communication device.

7. As used in this section, "send, read, or write a text message orelectronic message" means using a hand-held electronic wirelesstelecommunications device to manually communicate with any person by usingan electronic message. Sending, reading, or writing a text message orelectronic message does not include reading, selecting, or entering a phonenumber or name into a hand-held electronic wireless communications devicefor the purpose of making a telephone call.

8. A violation of this section shall be deemed an infraction andshall be deemed a moving violation for purposes of point assessment undersection 302.302, RSMo.

9. The state preempts the field of regulating the use of hand-heldelectronic wireless communications devices in motor vehicles, and theprovisions of this section shall supercede any local laws, ordinances,orders, rules, or regulations enacted by a county, municipality, or otherpolitical subdivision to regulate the use of hand-held electronic wirelesscommunication devices by the operator of a motor vehicle.

10. 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 officialduties: a law enforcement officer; a member of a fire department; or theoperator of a public or private ambulance;

(3) The use of factory-installed or aftermarket global positioningsystems (GPS) or wireless communications devices used to transmit orreceive 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 licenseeof the Federal Communications Commission in the Amateur Radio Service.

(L. 2009 H.B. 62)