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Phone & Hands-Free Law No. MO Hand-held ban — all drivers

Missouri Truck Driver Phone Law

Federal 392.82 already bans you from holding a phone in Missouri. The state was the last to act, but the CDL floor was always there. Missouri's Siddens Bening Hands-Free Law (RSMo §304.822) now bans hand-held use for everyone, and it is secondary enforcement for everyone too, you included: subsection 12 bars a stop, inspection, or detention solely for a phone violation. What is different for you is the price. A violation in a CMV is a serious traffic violation for CDL disqualification (§302.755), and only noncommercial drivers got warnings instead of tickets before January 1, 2025. Fines run up to $150, then $250, then $500 within 24 months, and up to $500 in a work or school zone. None of that reaches 392.82, which is still citable on its own at any inspection.

State rule (all drivers)Hand-held ban — all drivers
First-offense fineUp to $150 first, up to $250 second, up to $500 third within any 24-month period; up to $500 in a work zone with workers present or a marked school zone
License pointsMissouri's hands-free law is fine-driven and does not stack license points for most drivers
StatuteRSMo §304.822 (Siddens Bening Hands-Free Law)
01 The federal floor

The federal ban applies here first

Federal law rides with your CDL in every state. FMCSA 49 CFR 392.82 bans all hand-held phone use while driving a CMV: no holding it to talk, no dialing more than a single button, no reaching for the phone out of your belted seat. A separate rule (49 CFR 392.80) bans texting and manual data entry. Only hands-free counts as compliant (mounted or in close reach, one-touch or voice, no reaching), and the only exception is calling 911. "Driving" includes sitting at a red light or stuck in traffic; you are clear only once fully off the road and stopped. Penalties run up to $4,812 per violation for the driver and $19,246 for the carrier, the inflation-adjusted maximums in 49 CFR 386 Appendix B. It is a CSA serious violation: two convictions in any 3-year period disqualify your CDL for 60 days, three or more for 120 days (49 CFR 383.51).

02 What Missouri adds

Missouri’s rule for all drivers

Federal 392.82 already bans you from holding a phone in Missouri. The state was the last to act, but the CDL floor was always there. Missouri's Siddens Bening Hands-Free Law (RSMo §304.822) now bans hand-held use for everyone, and it is secondary enforcement for everyone too, you included: subsection 12 bars a stop, inspection, or detention solely for a phone violation. What is different for you is the price. A violation in a CMV is a serious traffic violation for CDL disqualification (§302.755), and only noncommercial drivers got warnings instead of tickets before January 1, 2025. Fines run up to $150, then $250, then $500 within 24 months, and up to $500 in a work or school zone. None of that reaches 392.82, which is still citable on its own at any inspection.

Missouri Truck Phone Law FAQ

Can truck drivers use a phone in Missouri?
Only hands-free. The federal FMCSA ban (49 CFR 392.82) bars every CDL driver from holding a phone in Missouri. Missouri also bans hand-held use for all drivers (RSMo §304.822 (Siddens Bening Hands-Free Law)).
What is the phone fine in Missouri?
Up to $150 first, up to $250 second, up to $500 third within any 24-month period; up to $500 in a work zone with workers present or a marked school zone (RSMo §304.822). These are caps, not flat fines. Noncommercial drivers got warnings only until January 1, 2025, but in a CMV you were citable from the law's effective date of August 28, 2023.
Is texting while driving illegal in Missouri?
Hand-held use banned for all drivers (RSMo §304.822), and it is secondary enforcement for everyone, you included. Subsection 12 says no person shall be stopped, inspected, or detained solely for a violation of this section, and subsection 8 bars using it to establish probable cause for anything else. The commercial difference is the penalty, not the stop: a violation in a CMV is a serious traffic violation for CDL disqualification (§302.755), and the warnings-only period before January 1, 2025 covered only noncommercial vehicles.

Reference information for planning, not legal advice. Traffic laws change and this can be out of date, so always confirm the current statute and obey posted signs before you rely on it. Last reviewed July 2026. Source: https://revisor.mo.gov/main/OneSection.aspx?section=304.822. See our Terms & Disclaimer.

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