(ii) earphones installed in helmets worn by motorcycle operators and riders and used as part of a communications system, and (i) any prosthetic device that aids the hard of hearing, For example, drivers in Virginia are permitted to wear : There are several exceptions to the statute. Drivers in Virginia may lawfully use an earbud, headphone, or Bluetooth device in one ear only. Code § 46.2-1078 provides that, “t shall be unlawful for any person to operate a motor vehicle, bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped on the highways in the Commonwealth while using earphones on or in both ears.” The statute defines “earphones” as “any device worn on or in both ears that converts electrical energy to sound waves or which impairs or hinders the person’s ability to hear.” The ban applies only to earphones used in both ears. What the Law SaysĪt last count, 32 of the 50 states have no statutes prohibiting headsets or earbuds for drivers. Laws regulating these activities vary widely from state to state. Others use Bluetooth devices or other hands-free headsets behind the wheel. In today’s tech savvy world, drivers are increasingly using earbuds or headphones to listen to music while driving.
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