USE OF ELECTRONIC COMMUNICATION DEVICES WHILE DRIVING (Sections 304.012 and 304.820)

This act repeals provisions of the existing texting while driving statute that relate to noncommercial vehicles, as well as eliminates an exception for the relaying of information between transit or for-hire drivers and their dispatcher when the device used is permanently affixed to the vehicle.

The act also modifies a statute requiring motorists to exercise the highest degree of care to prohibit operation of a motor vehicle while using certain devices other than via hands-free or voice-operated technology if proven to have caused the driver to be distracted, or while otherwise diverting one's attention from safe operation of the vehicle. This express prohibition does not apply where the device or technology being used is a permanent part of the vehicle, but such use is still subject to the other provisions of the statute. The act specifies minimum fine amounts for convictions under these provisions.

These provisions are identical to provisions in the perfected SS#2/SCS/SB 1050 (2018), and similar to SCS/SB 903 (2018) and SB 510 (2017).

FAIR FARE PASSENGER SAFETY ACT OF 2018 (Section 304.823)

This act prohibits individuals from using hand-held electronic wireless communication device to read, send, or write text or electronic messages, and from talking on the phone, while transporting passengers in a motor vehicle for compensation. This prohibition does not apply to authorized emergency vehicles, nor to use of a hand-held electronic device to report illegal activity, summon medical or other emergency help, prevent injury to a person or property, or to relay information between a transit or for-hire operator and a dispatcher or incoming passenger when the device is mounted in the vehicle as specified in the act.

Violation of this section shall be an infraction, and a moving violation for purposes of driver's license point assessment. Cities and counties may adopt ordinances equivalent to, but not more restrictive than, this section.

This act does not apply to: parked or stopped vehicles; law enforcement officers, fire department members, or ambulance drivers in the performance of their official duties; global positioning systems or digital dispatch systems; use of voice-operated or hands-free devices; and two-way radio transmitters or receivers by a licensee of the Federal Communications Commission in the Amateur Radio Service.

These provisions are similar to HCS/HB 293 (2017), HB 2126 (2016), HB 702 (2015), and HB 1565 (2014).

ERIC VANDER WEERD