Texting while driving ban takes effect next week

Distracted driving will be officially banned in Missouri starting Monday, Aug. 28, when the Siddens Bening Hands Free Law takes effect.

Senate Bill 398 passed both houses of the state General Assembly in the last week of regular session in May but not without notable opposition, although none from Southeast Missouri.

State Sen. Holly Thompson Rehder of Scott City's District 27 voted in the affirmative as did area State Reps. Barry Hovis, Jamie Burger, Herman Morse, John Voss and Rick Francis.

The Senate OK'd the bill by a vote of 27 to 6 while the House gave the measure the green light by a 97-40 tally.

Gov. Mike Parson signed the bill July 6.

Law enforcement may start giving warnings beginning Monday to motorists spotted holding cellphones in their hands while behind the wheel of a moving vehicle.

Missouri became the 28th U.S. state to require hands-free phone use for all drivers and the 49th to specifically prohibit manually texting and driving.

As the legislature adjourned for the summer, freshman GOP lawmaker John Voss of Cape Girardeau's 147th District explained his support for the ban.

John Voss

John Voss

"Driving as much as I do, I have a newfound appreciation for how pervasive distracted driving is now. This bill seems an easy way to save lives, just as seat belts and airbags have," Voss said in an interview with the Southeast Missourian on May 12, the day the General Assembly adjourned for the summer.

Senate Bill 398 also makes illegal the use of an electronic communication device by school bus drivers while their vehicle is in motion or while loading or unloading passengers.

In Missouri between 2012 and 2021, there were 197,564 distracted driving-related crashes that killed 801 people, according to Missouri Coalition for Roadway Safety data.

"AAA Missouri applauds the governor, state lawmakers, and advocates for their support of this measure that will improve safety for all road users," said Angela Nelson, AAA Missouri vice president of Public Affairs and Government Relations. "This law is a practical, commonsense measure that will reduce the number of Missourians who senselessly lose their lives each year to distracted driving on our roadways."

Two Southeast Missouri legislators — Barry Hovis of District 146 (Whitewater) and Herman Morse of Dexter, whose recently realigned District 151 now takes in the southwestern Cape Girardeau County communities of Allenville and Delta — also introduced legislation in the General Assembly to toughen the law regarding texting while driving.

Namesakes

Siddens Bening Hands Free Law is named for two state residents who died in separate distracted driving cases.

Michael Bening, 46, of Raymore, Missouri, was struck and killed by a suspected distracted driver on Interstate 49 in Cass County in May 2021 while trying to clear debris in the roadway.

Randall Siddens, 34, of Columbia, Missouri, perished in May 2019 after being hit by a car driven by a speeding driver who was video chatting on a cellphone. The victim was collecting traffic cones when he was struck.

Exceptions

Motorists who may use their cellular devices while a vehicle is in motion include drivers communicating in emergency situations, emergency first responders and other emergency roadside workers,

Penalty provisions

To allow time for public education about the new law, warnings will be given until Jan. 1, 2025.

Under the currently deferred penalty provisions, a first-time violation will result in a fine up to $100. Fine amounts may increase up to $500 for repeat convictions within a two-year period.

Misdemeanor or felony charges may be lodged if the distracted driver causes a crash that results in significant property damage, serious injury or death.

Of note

National Conference of State Legislatures has issued the following bullet points about U.S. cellphone use:

• Nearly 303 million Americans have cellphones, and at any given moment during daylight hours, more than 800,000 vehicles are being driven by those using handheld devices.
• Auto club federation AAA reports use of electronics is the leading source of distraction for teen drivers.
• Incentive grants are available for states if they pass distracted driving laws in accordance with the Fixing America's Surface Transportation Act — passed in 2015.

More information is available at www.ncsl.org/transportation/ distracted-driving-cellphone- use.