California has some of the strictest distracted driving laws in the country, but many drivers still have questions about what’s legal when it comes to listening devices. One of the most commonly asked questions is whether you can wear headphones while driving? As every driver on the road has a responsibility to follow all traffic laws, they must also be attentive in the event of a potential accident. This means that our eyes not only have to be on the road at all times, but our other senses as well, because it can potentially affect your ability and judgement while on the road.
Can Headphones Be Worn While Driving?
In California, wearing headphones while driving is generally not allowed if they cover or are inserted into both ears. Under California Vehicle Code 27400, it is unlawful for drivers and even bicyclists to wear a headset, earplugs, or earphones that cover, rest on, or go inside both ears while operating a vehicle. The purpose of this law is to ensure that drivers remain fully alert to their surroundings, especially to critical sounds like car horns, emergency sirens, or verbal warnings from pedestrians or other drivers.
Are There Any Exceptions?
According to California Vehicle Code 27400, there are several exceptions to the headphone rule under certain circumstances. For instance, emergency vehicle operators, refuse collection workers, and individuals using approved hearing protection or prosthetic hearing devices are exempt due to their profession and medical conditions. Additionally, if California drivers really need to use headphones while behind the wheel, they are allowed to only wear one headphone or earbud in one ear. This allows you to hear navigation or calls while keeping one ear open to your environment.
Is It Illegal to Have a Bluetooth Headset While Driving?
When it comes to wearing a bluetooth headset, it depends on how the headset is worn. A Bluetooth headset that covers only one ear is legal in California and is commonly used by drivers to take hands-free calls, which is allowed under the state’s distracted driving laws.
However, if the Bluetooth headset covers both ears, then it becomes a violation of VC 27400. Even wireless earbuds fall under this rule if they are placed in both ears at the same time. So, if you’re using Bluetooth for calls or music while driving, make sure that only one ear is in use. You may also opt to use your vehicle’s built-in speakerphone or infotainment system to stay hands-free without violating the law.
What Are the Penalties for Driving with Headphones On?
Violating California’s headphone law is treated as an infraction, but the penalties can still affect your driving record and finances depending on the severity of the infraction. If you’re caught driving with headphones in both ears, you could face a fine of approximately $197, one point added to your DMV driving record, a potential increase of your insurance premium due to the added point, and potential liability considerations if you’re involved in a crash while wearing headphones.
While a single point on your license may not seem serious, accumulating points over time can lead to more significant penalties, including license suspension under California’s negligent operator rules. For personal injury claims, wearing headphones during a crash can complicate liability. It may be viewed as a form of distracted driving, which could reduce your ability to recover full damages or even open you up to a counterclaim if someone else was injured.
What Should I Do If I Receive a Ticket?
If you’ve received a ticket for wearing headphones while driving, it is recommended to pay the fine as soon as possible in order to settle any outstanding debts and prevent getting fined for late payments. If you are eligible to, you may take a traffic school course to avoid getting a point added to your driving record, however, it is important to note that this option is only available for those who have not committed a moving violation within the past 18 months.
However, if you believe that the citation was issued for an error, such as the issuing officer mistakenly thought a hearing aid was earphones, you can contest the ticket in traffic court. Should you do so, you need to bring proof such as medical exemption or documentation to prove that the ticket was issued in error.
What To Do If You Have Been Involved in an Accident with Someone While Someone Was Wearing Headphones?
Driving with headphones in both ears in California is not only illegal but dangerous. As the law clearly states the rules, if you have been involved in an accident where the at-fault was wearing headphones, they could be held liable for any injuries or damages that have occurred. In fact, it is highly recommended to consult with a skilled personal injury lawyer to ensure your rights are protected and help you understand your legal options.
At Frank Penney Injury Lawyers, we understand how devastating a car accident can be and our team of attorneys are prepared to fight for your rights and get you the compensation you rightfully deserve. Contact us today at 888-888-0566 or by filling out our online contact form for a free case consultation!