O’Fallon amends ordinance for use of communication devices while driving

At its Sept. 28 meeting, the O’Fallon City Council passed Bill No. 7586, sponsored by Mayor Hennessy, that amends Section 340.320 of the O’Fallon City Code relating to commercial and non-commercial operators of motor vehicles using hands-free communication devices while driving. The vote was 8-1 with council member Linda Ragsdale opposed.

Prior to the vote, Ragsdale said would vote “no” because she did not believe the bill had been vetted well enough with Missouri state bills and with other O’Fallon ordinances. She said she thought this bill would be redundant with other existing city ordinances about distracted and inattentive driving.

This bill repeals the previous ordinance regarding use of hand-held communication devices by vehicle operators and enacts new legislation that will follow the new state law.  This also allows O’Fallon police officers and the O’Fallon Municipal Court to address violations when and as needed.

The amended ordinance states that while operating a noncommercial or commercial motor vehicle on any highway or property open to the public for vehicular traffic in the city, no operator shall:

1. Physically hold or support, with any part of his or her body, an electronic communication device.
   
2. Write, send, or read any text-based communication, including but not limited to a text message, instant message, email, or social media interaction on an electronic communication device. This does not apply to operators of a noncommercial motor vehicle using a voice- operated or hands-free feature or function that converts the message to be sent as a message in a written form, provided that the operator does not divert his or her attention from lawful operation of the vehicle.
   
3. Make any communication on an electronic communication device, including a phone call, voice message, or one-way voice communication; provided however, that this prohibition shall not apply to use of a voice- operated or hands-free feature or function.
   
4. Engage in any form of electronic data retrieval or electronic data communication on an electronic communication device.
   
5. Manually enter letters, numbers, or symbols into any website, search engine, or application on an electronic communication device.
   
6. Watch a video or movie on an electronic communication device, other than watching data related to the navigation of the vehicle.
   
7. Record, post, send, or broadcast video, including a video conference, on an electronic communication device, provided that this prohibition shall not apply to electronic devices used for the sole purpose of continually monitoring operator behavior by recording or broadcasting video within or outside the vehicle.
   

“Voice-operated or hands-free feature or function” is defined as a feature or function, whether internally installed or externally attached or connected to an electronic communication device, that allows a person to use an electronic communication device without the use of either hand, except to activate, deactivate, or initiate the feature or function with a single touch or single swipe.

The O’Fallon amended ordinance conforms to a Missouri State Law that became effective Aug. 28, 2023, prohibiting use of electronic communication devices when driving. This was dubbed the “Siddens Bening Hands Free Law.” This law does not apply to operators using electronic communication devices while the vehicle is lawfully stopped or parked.

Fines and penalties are defined, including:

• For a conviction under this law where there is no prior conviction within the preceding 24 months, the court will impose a fine of up to $150.
  
• With one prior conviction in the preceding 24 months, the fine will be up to $250.
  
• With two or more prior convictions in the preceding 24 months, the fine will be up to $500.
  
• For a conviction where the violation occurred in a work zone when workers are present and/or where the violation occurred in an area designated as a school zone and marked in any way that would alert a reasonably prudent operator to the presence of the school zone, the fine will be up to $500.
  
• A violation while operating a commercial motor vehicle will be deemed a serious traffic violation or purposes of commercial driver’s license disqualification.
  
• A violation that is the proximate cause of damage to property in excess of five thousand dollars will be a class D misdemeanor.
  
• A violation that is the proximate cause of serious physical injury to another person will be a class B misdemeanor.
  
• A violation that is the proximate cause of the death of another person will be a class D felony.