October 10, 2018
Driving while drinking alcohol isn’t the only thing that can get you in trouble for being a driver under the age 21. The other activity that can get you is what you probably do more than a dozen times a day – texting.
The Missouri law, RSMo. Sec. 304.820, deals with texting while driving. Sorry guys, but the use of a hand-held electronic wireless communications device, whether sending, reading, or writing a text message or electronic message is against the law and will get you a ticket if you are caught and under age 21. And this ticket will be considered a moving violation, therefore, there will be points on your driver’s license if you don’t get an attorney to amend the ticket to a non-moving violation.
However, there are exceptions. 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.
When it comes to commercial vehicles, the law is even tougher. Not only those under 21, but all drivers are not allowed to operate a commercial motor vehicle while using a hand-held mobile telephone, especially to when it comes to sending, reading, or writing a text message or electronic message.
However, there are always exceptions. This prohibition 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.
Just to be clear, the statute states under paragraph (5) that 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.
Now, the provisions of this section shall not apply to the following:
(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.