travelmama

Today I rode to the gym with one of my touring panniers on the side and was approached by another cyclist who wanted to talk "bikes" to me. We chatted a bit about touring and camping then the guy asked about wearing a helmet. I told him that it is mandatory in some places but the laws are mostly for the safety of those under 18. He then asked if it is illegal to wear headphones while cycling. I told him that I wasn't sure because I have never been pulled over for anything related to riding my bike. He showed me the citation. It was only for the headphones. I told him that I think they were just messing with him then he went on to tell me that the sheriffs know him and have cited him for riding while drunk, for being on the sidewalk and going the wrong way. This guy is a Chicano with tattoos all over his face, neck, arms and probably on his head so I can only imagine he has history with the authorities but what gives with the headphones?
Have any of you been cited for wearing headphones while cycling? If so, what prompted the police to pull you over?

Mos6502

It's illegal, and the reason why should be fairly obvious.

HeyitsDave

Can you hear me now?

Wogster

You need to check the traffic laws near you, typically operating a vehicle while wearing headphones or ear buds is prohibited. I know it is not permitted here, but your state/province may have different rules. One headphone or ear bud is generally permitted, but it's still not a good idea. You have two ears to allow you to locate sounds via triangulation. Riding drunk or riding on a sidewalk is also prohibited in many places.

What sometimes becomes an issue is that you can get 15 guys riding by on the sidewalk while drunk and wearing headphones, that belong to one people group who are ignored, and then one person who belongs to a different people group gets pulled over for any of them.

closetbiker

It's illegal to wear them in BC while riding a bike and there's few things I hate more than people who are oblivious to me as I approach because they can't hear me coming.

rmwun54

It is illegal to ride with earphones on while cycling according to CA law. I was informed this by a highway patrolmen, as he was ordering me to take them off. I wasn't cited but he said it was a warning.

daredevil

...not illegal everywhere and it is possible to be perfectly safe with them.

CaptainCool

27400. A person operating a motor vehicle or bicycle may not wear a headset covering, or earplugs in, both ears. This prohibition does not apply to any of the following:

(a) A person operating authorized emergency vehicles, as defined in Section 165.

(b) A person engaged in the operation of either special construction equipment or equipment for use in the maintenance of any highway.

(c) A person engaged in the operation of refuse collection equipment who is wearing a safety headset or safety earplugs.

(d) A person wearing personal hearing protectors in the form of earplugs or molds that are specifically designed to attenuate injurious noise levels. The plugs or molds shall be designed in a manner so as to not inhibit the wearer's ability to hear a siren or horn from an emergency vehicle or a horn from another motor vehicle.

(e) A person using a prosthetic device that aids the hard of hearing.

Mitchxout

True, but not without a rearview mirror.

Digital_Cowboy

In most if not all of the United States it is illegal to ride a bike or operate any vehicle while listening to headphones. I believe that some jurisdictions do make the exception of only having one ear covered.

You would have to check your local and state laws to find out if it is or isn't illegal.

I know of a young lady in my area who in the last seven years or so has received some 80 moving violations on her bicycle. And seeing how she rides I can believe it.

daredevil

you are correct sir!

Digital_Cowboy

So construction and maintenance equipment operators being able hear clearly isn't that important?

umd

Just wanted to highlight this critical distinction.

daredevil

evening! thought you might show up. bored as well on a Friday night?

Speedwagon98

However, they usually don't outlaw speakers. So in, say, a motorcycle helmet, it is perfectly legal to have speakers in the helmet, within 1/2in of your ears. Just so long as you don't actually have them in your ears.

I don't really get it, because you can have the music up too loud with headphones, helmet speakers, or a full on car stereo system. Either way, it is your responsibility to be able to hear the outside world.

And for the record, Colorado limits it to motor vehicles:
Bottom line, it is beneficial for one to look up the law in their respective state, because it can vary greatly.

pacificaslim

Incorrect. The California law does not mention earphones at all. It (as you can see above) outlaws headsets that cover both ears, or earPLUGS that are inserted into both ears. Some headPHONES may qualify, but I don't believe all do. The law does not mention audio at all: it's just about devices that are designed to block out outside sound, you know, the kind of equipment worn by construction workers, and all the others that are mentioned in the law.

I got a ticket a while back and am working on fighting this. It's clear officers think earPHONES are outlawed, as that's what they say and what they wrote on my ticket, but the law does not outlaw earPHONES.

umd

Just watching TV...

Don't be dense. If it's in your ear it's an earplug. That the earplug has a wire coming from it and can produce sound is not relevant. Plug or cover both ears and it's against the rules in California.

CB HI

Just make up your own legal definition and laws, right. Seems you are the one being dense. An earplug is a hearing "protection" safety device and headphones/earphones do not fall into that category.

pacificaslim

the ubiquitous "earbuds" that come with ipods do not go into the ear. They merely sit near the opening. And the way most people wear them, the speaker doesn't even face the ear canal - it faces the head instead. If the ipod is off, there is very little obstruction to hearing.

random image:

Mos6502

Quote me the legal definition.

CB HI

Back at you, show me any legal connection equating earplug and headphones/earphones as being the same thing.

CB HI

I want to see umd try this line of thought on an Occupational Safety & Health Administration (OSHA) inspector that is writing him up for not having hearing protection and umd claiming his earbuds were the same thing.

Mos6502

So why were you whining about people making up definitions, if you cannot supply the correct ones?

Wogster

Actually it can be perfectly safe wearing earphones while riding, providing the volume is low enough that you can still hear outside noise. Sealing over the ear headphones, are never safe, while riding/driving. For example I wear earphones on the bus and can still hear the automated stop announcements.

The real issue is that many people have the volume set at 11, and you can hear the bass beat from 5m away, the chances of hearing a siren, bell, horn, gong, shout is about nil, and that is a safety issue for more then just the rider. I wonder sometimes though, when you come acrosscars with the stereo cranked so you hear the thump-thump-thump from two lanes away, how much that driver can hear a siren or a horn outside?

CaptainCool

They're probably operating heavy equipment on a closed course. Very different from a traffic situation. Their ear coverings are probably for OSHA-required protection or radio or both.

Lacking an definition in the text of that section, let's see what a commonly understood definition might be.

head⋅set [hed-set]
–noun
1. Radio, Telephony. a device consisting of one or two earphones with a headband for holding them over the ears and sometimes with a mouthpiece attached.
2. earphones or headphones.
Dictionary.com Unabridged

head·set (hěd'sět')
n.
1. A pair of headphones.
2. A pair of headphones with a voice transmitter attached.
The American Heritage® Dictionary of the English Language, Fourth Edition