Wireless headphones or earbuds have become a common sight in the office, at home, in the gym, and even, wrongly, while driving. Wireless headphones like AirPods from Apple, or any similar devices from other brands, have been commonplace since the mid-2010s. They’re convenient, useful for today’s virtually connected world, and almost essential as they’ve also complemented the increased use of smartphones.
However, they’ve become dangerous as drivers in California and elsewhere either forget or don’t care to remove them before going behind the wheel. Distracted drivers cause around 3,000 deaths yearly and more than a quarter of a million injuries. And a big reason for the rise of distracted driving is wireless earphones. AAA calls this new danger “inattentional blindness” because you fail to pay attention fully to the road or hear crucial sounds that prevent incidents.
And state law has been updated to address this issue. Find out what California law says about wearing earbuds while driving.
What California Law Says About Headphones or Earbuds While Driving
The relevant section in the California Vehicle Code (CVC) is Article 3.5. Headsets and Earplugs, 27400, which states, “A person operating a motor vehicle or bicycle may not wear a headset covering, earplugs in, or earphones covering, resting on, or inserted in, both ears.”
You can’t shut yourself out from the world while driving. Being able to hear certain noises on the road is as crucial as watching where you’re going. Think about other cars warning you about an out-of-control bus or trailer, an issue with your motor that might only be heard, or your copilot or a passenger shouting about something urgent.
When you have your AirPods or earbuds on while listening to your favorite music, podcast, or a call, you’ll also be distracted in thought. Many drivers suddenly might forget their exit and swerve dangerously across several lanes in the last ditch effort to take the exit, for example.
The solution is to simply use your vehicle’s sound systems to hear whatever you want or call whoever you like hands-free. You can also consider using applications that generate subtitles to help you follow along with audio content without having to wear earbuds or headphones.
Can Cyclists Use Headphones?
No. As stated above, Section 27400 of the CVC applies to both motorists and bicyclists. They also need to hear their surroundings, probably even more than motorists, so as to react in time to any possible danger.
Exceptions to California Headphone Rule While Driving
There are some exceptions to the rule against wearing headphones or earbuds while driving in California. CVC 27400 does not apply in the case of a person:
- Using a prosthetic device that aids the hard of hearing.
- Operating an emergency authorized vehicle, as defined in Section 165.
- Involved in the operation of either special construction equipment or equipment for use in the maintenance of any highway.
- Operating refuse collection equipment who is wearing a safety headset or safety earplugs.
- Wearing personal hearing protectors in the form of earplugs or molds that are specifically designed to attenuate harmful 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.
Penalties for Driving With AirPods On
The standard fine for violating earbud laws in California is $197, plus a point on your driver’s license. Remember that too many points on your license and the Department of Motor Vehicles may suspend it. Getting a traffic ticket for wearing AirPods or earbuds while driving will incur court fees and other penalties that will cost you much more than the initial fine.
Missing your court date for this type of traffic ticket can also lead to even more fines, penalties, and even a misdemeanor charge against you.
Keep in mind that driving with headphones on means you will be found liable for any damages that result from an accident you’re involved in. You’ll have to pay for the medical bills of any victim, lost wages, damages to their property, and higher insurance premiums for you.
Simply put, driving with wireless earbuds on is not worth it.
Please contact us at Ticket Snipers if you’ve been given a ticket for driving with earbuds or headphones on; we will defend you against any type of traffic ticket. We are available 24/7, so if you’d like to chat with one of our trained consultants, you are welcome to!